Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20977 of 2022 Arising Out of PS. Case No.-373 Year-2021 Thana- BARHARIA District- Siwan ====================================================== SUDHIR SINGH Son of Bechu Singh Resident of Village - Rohara, P.S.- Barharia, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2022 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 u/s 447, 323, 385, 506, 307 and 120B of the Indian Penal Code and SectionS 27, 25(1-B) (a), 26 and 35 of the Arms Act.

As per the prosecution case, on order of the coaccused, the petitioner fired at the informant which hit on his head. Other accused persons also assaulted the informant. The petitioner with pistol was caught by the villagers and the

Patna High Court CR. MISC. No.20977 of 2022(2) dt.04-08-2022 2/3 informant and was handed over to the police.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. There is case and counter case between the parties. The petitioner is accused in three other criminal cases which are related to murder and loot as stated at para 3 of the bail petition. Learned counsel for the petitioner has further submitted that the informant sustained simple injury caused by hard and blunt substance. The doctor has also opined that lacerated wound was found on the head of the informant. The petitioner is in custody since 09.11.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged 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 A.C.J.M.-III Siwan, in connection with Barharia P.S. Case No. 373 of 2021, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.20977 of 2022(2) dt.04-08-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

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