Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22159 of 2020 Arising Out of PS. Case No.-579 Year-2019 Thana- BIHTA District- Patna ====================================================== SHANKAR SINGH S/o Late Khedan Singh Resident of VillageMahaddichak, P.S.- Bihta, Distt- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mrs. Anjana, Advocate For the State :
Mr. S.M. Rahman, APP For the informant :
Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 323, 325, 307, 379 of the Indian Penal Code and 27 of the Arms Act.
Allegation is that the petitioner and co-accused Baban Singh assaulted the elder brother of the informant with butt of gun,
Patna High Court CR. MISC. No.22159 of 2020(3) dt.10-09-2020 2/2 iron rod and lathi, as a result of which he received injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.1.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. Free fight is alleged to have taken place. Injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Co-accused, with similar allegation, has been granted bail vide Annexure P-3 to the present application by a coordinate Bench of this Court.
On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 1st, Danapur in connection with Bihta P.S. case No.579 of 2019.
(Sudhir Singh, J) Narendra/- U T