Guddu Singh @ Amrendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23610 of 2024 Arising Out of PS. Case No.-984 Year-2021 Thana- BANKA District- Banka ====================================================== Guddu Singh @ Amrendra Kumar Singh Son Of Late Damodar Prasad Singh Village -Sadpur, Police Station -Banka, District -Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2024 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.02.2024, in connection with Banka P.S. Case No. 984 of 2021, F.I.R. dated 11.12.2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 385, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he assaulted the brother of the informant namely Shailesh Singh by the butt of the musket and he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as

Patna High Court CR. MISC. No.23610 of 2024(3) dt.17-05-2024 2/3 alleged in the F.I.R. is false and fabricated and as per allegation in the F.I.R. the petitioner assaulted two persons namely Shailesh Singh and Pramod Singh but there is no injury report of Pramod Singh available on record although Shailesh Singh received injury and there is case and counter case between the parties and both sides received injuries in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.02.2024.

5. The learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the F.I.R. it appears that there is specific allegation against the petitioner that he assaulted to Shailesh Singh and the injury report of Shailesh Singh is grievous in nature and apart from that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and circumstances of the case, 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

Patna High Court CR. MISC. No.23610 of 2024(3) dt.17-05-2024 3/3 learned Chief Judicial Magistrate, Banka/Successor Court, Banka in connection with Banka P.S. Case No. 984 of 2021, 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 witness, 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 antecedents, 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.

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