Bimal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16791 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== BIMAL SINGH SON OF LATE SONE LAL SINGH R/O VILLAGEKHUSHKIBAG MILAN PARA, P.S.- SADAR, DISTRICT- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 26.04.2022 seeks bail, in connection with Sadar P.S. Case No.284/2022, dated 25.04.2022, S.T. No.375/2022, for the offences punishable under Sections 341, 323, 387, 307, 506 of the IPC & Sections 27/25 (1-b)a of the Arms Act.

3. According to prosecution case, the petitioner is alleged to have fired upon the brother of the informant causing injury on his hand.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that as per allegation in the F.I.R., the petitioner has fired upon the brother of the informant and from perusal of

Patna High Court CR. MISC. No.16791 of 2023(4) dt.07-08-2023 2/3 the F.I.R. it appears that the brother of the informant has sustained injury on his right hand palm and there is no repetition of fire and the injury report of the brother of the informant suggests that he received two injuries. Injury no.1 is caused by gun shot injury and injury no.2 caused by hard and blunt substance. It appears from the injury report that firearm injury was found on the right hand palm of the brother of the informant and not on the vital part of the body. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 26.04.2022.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and apart from that the petitioner has carried eleven criminal antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that the petitioner is on bail in all the aforesaid cases.

6. Considering the aforesaid facts and circumstances and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions

Patna High Court CR. MISC. No.16791 of 2023(4) dt.07-08-2023 3/3 Judge, Purnea in connection with Sadar P.S. Case No.284/2022, S.T. No.375/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T