Upendra Singh Thakur @ Kartar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31377 of 2019 Arising Out of PS. Case No.-333 Year-2016 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== UPENDRA SINGH THAKUR @ KARTAR SINGH, S/o Joyot Singh Resident of Village- Chignana, P.S.- Pryagana, District- Kistwar, StateJammu and Kashmir ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S. T. No.167 of 2017 arising out of Darbhanga Sadar P.S. Case No.333 of 2016 instituted for the offence under Section(s) 307, 353 Indian Penal Code and Sections 25(1-AA), 25(1-b)a, 26, 27 of the Arms Act. Counsel for the petitioner submits that Petitioner is in custody since 27.08.2016 but trial has not been concluded as yet.

It is alleged in the written report that on the date of occurrence the police got information that absconding accused of Mabbi P.S. Case No.219 of 2016 is coming to Darbhanga from Muzaffarpur by bus. On getting this information, the informant and other police party arrived at the place of

Patna High Court CR. MISC. No.31377 of 2019(2) dt.10-05-2019 2/2 occurrence. Three persons got down from the bus. One of them fired on the police when the police attempted to arrest him, but it missed. Thereafter, he was arrested. It is further alleged that two mobiles and 8 live cartridges were recovered from possession of the petitioner.

Keeping in view the period of custody as well as the fact that there is no injury to anyone, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Additional Sessions Judge, IV, Darbhanga, in connection with S. T. No.167 of 2017 arising out of Darbhanga Sadar P.S. Case No.333 of 2016, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T