Abhishek Singh @ Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20991 of 2022 Arising Out of PS. Case No.-122 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== ABHISHEK SINGH @ ABHISHEK KUMAR SINGH Son of Manoranjan Singh @ Munna Singh Resident of Village - Sandha Khemaji Tola, Police Station - Chapra Mufffasil, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 120B, 307 and 379 read with 34 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the informant's son has stated during the course of treatment that the petitioner and coaccused persons fired on him. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.20991 of 2022(3) dt.08-09-2022 2/3 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in twelve other criminal cases out of which he has been acquitted in three cases and he is on bail in four other criminal cases. The petitioner is in custody since 05.03.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has submitted that as per the case diary, it was this petitioner who shot the informant's son thrice on the instruction of co-accused person Anand Shankar. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court below, Saran in connection with Chapra Muffasil P.S. Case No. 122 of 2020, with following conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.20991 of 2022(3) dt.08-09-2022 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

3. If the petitioner is found involved in any other criminal case in future, his bail bond is liable to be cancelled.

4. The petitioner is directed to mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the concerned Court below.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T