Bhusan Singh @ Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29388 of 2019 Arising Out of PS. Case No.-38 Year-2002 Thana- PALIGANJ District- Patna ====================================================== BHUSAN SINGH @ BHUSHAN SINGH Son of Late Ayodhya Singh R/o Mauri, P.S.- Khirimore, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 447, 323, 504, 307 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that in a clash between two groups, firing took place due to which many persons got injured.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.01.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. It is a case of misuse of privilege of bail. The petitioner is said to have been absent from the Court

Patna High Court CR. MISC. No.29388 of 2019(3) dt.17-05-2019 2/2 below for a period of approximately five years. The petitioner has gone outside the State for his livelihood. In his absence, proper pairvi could not be made by the pairvikar. The petitioner is a law abiding citizen. The petitioner has remained in custody for approximately four months. The petitioner undertakes that he will cooperate during the trial. It is further submitted that the petitioner may be released after completion of five months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, on completion of five months in custody, it is directed that 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 learned A.D.J.-VI, Danapur in connection with Sessions Trial No. 163/2010 arising out of Paliganj P.S. Case No. 38/2002.

(Sudhir Singh, J) Pankaj/- U T