Simant Kumar Singh @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27508 of 2022 Arising Out of PS. Case No.-163 Year-2020 Thana- GORIAKOTHI District- Siwan ====================================================== SIMANT KUMAR SINGH @ CHHOTU SON OF SIMANT KUMAR SINGH @ CHHOTU R/O- VILL- CHHITAULI KODA, P.S.- GOREAKOTHI, DIST.- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2022 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 326 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, two unknown miscreants boarded on a motorcycle opened fire on the head of the informant's father which hit near the right temple region and fled away.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.27508 of 2022(2) dt.19-09-2022 2/3 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in five other criminal cases out of which he is on bail in three cases as stated in para 3 of the bail petition. The name of the petitioner has surfaced during the course of investigation. Charge-sheet has already been submitted against the petitioner. The petitioner is in custody since 11.06.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner has admitted his guilt in his confessional statement and he has stated as to how the occurrence took place in association with the co-accused .

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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 Court concerned, Siwan in connection with Goriakothi P.S. Case No. 163 of 2020 with one condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.27508 of 2022(2) dt.19-09-2022 3/3 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