Nanhki Singh @ Don v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19777 of 2022 Arising Out of PS. Case No.-39 Year-2017 Thana- BHAGWAN BAZAR District- Saran ====================================================== NANHKI SINGH @ DON S/o Bhikahri Singh Resident of Village- Baiju Tola, P.S.- Rivilganj, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S. Tr. No. 238 of 2020 arising out of Bhagwan Bazar P.S. Case No. 39 of 2017 registered for the offences punishable under Sections 342, 323, 337, 338, 353, 307, 504, 325, 34 of the Indian Penal Code.

As per prosecution case, informant and other police officials had gone to search Ward no. 12 of the jail premises where petitioner and others made protest by saying that they are not ready for their search and the petitioner along with other prisoners of said ward came outside the ward and attacked on

Patna High Court CR. MISC. No.19777 of 2022(2) dt.08-06-2022 2/3 the officials by pelting stones on them.

Learned counsel for the petitioner submits that petitioner is in custody since 12.09.2017 and he bears criminal antecedent of four cases and except one case, he is on bail. He further submits that other co-accused has been granted bail by the learned court below.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Saran at Chapra in connection with S. Tr. No. 238 of 2020 arising out of Bhagwan Bazar P.S. Case No. 39 of 2017, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

Patna High Court CR. MISC. No.19777 of 2022(2) dt.08-06-2022 3/3 dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) 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.

(Alok Kumar Pandey, J) shahzad/- U T