Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55124 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -GARKHA District- SARAN ======================================================

1. Sunil Singh, son of Baijnath Singh, Resident of Village- Kewani, P.S.- Garkha, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Pandey For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Garkha P.S. Case No. 269 of 2016 corresponding to Sessions Trial No. 216 of 2017 instituted for the offence under Sections-307, 302 & other minor Sections of the Indian Penal Code and 27 of the Arms Act. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 29-03-2017 passed in Cr. Misc. No. 5657 of 2017 with liberty to the petitioner to renew his prayer for bail after six months if no substantive progress is made in the trial. The report has been received from the court below from which it appears that till receipt of the report, out of six prosecution witnesses, one witness has been examined. The allegation against the petitioner is of causing injury

Patna High Court Cr.Misc. No.55124 of 2017 (3) dt.20-12-2017 by fire arm to uncle of the informant namely, Sageer. There is specific allegation against co-accused Santosh Kumar Singh of causing fire arm injury to another uncle of the informant namely, Shabbir Ali who subsequently, died.

It has been submitted that the petitioner is in custody since 31-08-2016.

In such circumstances, since only one witness has been examined in the court below till sending of the report and the petitioner is in custody since, 31-08-2017, prayer for bail is allowed. The petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each in connection with Garkha P.S. Case No. 269 of 2016 corresponding to Sessions Trial No. 216 of 2017 to the satisfaction of learned Additional Sessions Judge-X, Saran at Chapra with condition that both the bailors should be close relatives of the petitioner.

The petitioner will remain physically present on each and every date and he will not cause delay or tamper with the witness, otherwise his bail bonds will liable to be cancelled. (Sanjay Priya, J) A.K.V./- U T