Bijay Kumar Singh @ Vijay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28114 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Bijay Kumar Singh @ Vijay Kumar Singh, Son of Late Kriti Narayan Singh, Resident of Village- Mahuaria, PS- Sheohar, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhya Keshari Kumar, Sr. Advocate Mr. Neeraj Kumar, Advocate Mr. Ravi Shankar Pathak, Advocate Ms. Soni Kumari, Advocate Mr. Chitragupta, Advocate Mr. Ashwani Raj Narayan, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP Ms. Madhubala Verma, Advocate Mr. Ajay Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2024
1. Heard learned Senior counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Sheohar P.S. Case no. 74 of 2023 registered under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said to have resorted to firing as a result of which the informant sustained gunshot injury in her right thigh.
4. It is submitted by learned Senior Counsel appearing for the petitioner that the earlier application for bail of the
Patna High Court CR. MISC. No.28114 of 2024(2) dt.19-04-2024 2/3 petitioner was rejected vide order dated 16.10.2023 passed in Cr. Misc. no. 66244 of 2023. The cause of false implication is on going pending litigation between the parties which would be evident from the records of title suit, second appeal as also the S.L.P. The petitioner is an ex-Army personnel presently employed in a bank and is ready to abide by any condition which may be laid down for his release on bail. The petitioner is in custody since 29.8.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against the petitioner of having fired on the informant hitting her as a result of which she sustained gunshot injury in her leg.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR together with the petitioner having remained in custody for 7 months since 29.8.2023, the petitioner is directed to be enlarged on bail in connection with Sheohar P.S. Case no. 74 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar on the following conditions:-
Patna High Court CR. MISC. No.28114 of 2024(2) dt.19-04-2024 3/3 (I) The petitioner shall remain physically present in the trial court on each date of the case/trial and shall cooperate in the case/trial.
(II) In case the petitioner remains absent on any single date for reasons not to the satisfaction of the learned trial court or the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) avinash/- U T