Vijay Singh @ Vijay Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37513 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- MANSI District- Khagaria ====================================================== Vijay Singh @ Vijay Prasad Singh S/O Late Narayan Singh R/O VillageAmni, P.S.-Mansi, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Harendra Prasad,APP Mr.Bhim Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Mansi P.S. Case No. 06 of 2021, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on 04.01.2021, the FIR named accused persons including this petitioner came at the land of the informant and started cultivating the land, which was objected by the informant and his family members, whereupon, on the instigation of co-accused Sanjay Singh, other accused persons made indiscriminate firing, in which, one bullet hit the leg of nephew of informant, as a result of which, he sustained

Patna High Court CR. MISC. No.37513 of 2021(2) dt.21-09-2021 2/3 fire-arm injury.

There is case and counter case and admittedly, there is land dispute between the parties. There is general and omnibus allegation of firing. No incriminating article has been recovered from the possession of this petitioner. Petitioner is in custody since 05.01.2021. Chargesheet has been submitted. However, learned counsel for the informant vehemently opposed the bail petition and submitted that this petitioner alongwith other FIR named accused persons committed the occurrence, in which, nephew of the informant sustained fire-arm injury.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 06 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.37513 of 2021(2) dt.21-09-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T