Aman Kumar Singh @ Aditya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29780 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- MASHRAK District- Saran ====================================================== AMAN KUMAR SINGH @ ADITYA KUMAR SINGH Son of Madhusudan Singh Resident of Village - Sikti Bhikham, P.S.- Mashrakh, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 324,307 and 34 of the IPC and Section 27 of Arms Act.

Allegation against the petitioner is that he fired upon the informant with intention to kill him. Thereby, he got injured due to firearm near right leg. He fell on the ground. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present

Patna High Court CR. MISC. No.29780 of 2022(2) dt.31-08-2022 2/3 case. He further submits that as per FIR the petitioner fired upon the informant. Further submits that alothough chargesheet has been submitted against the petitioner but there is no report of the victim Hemant Kumar Pandit. Further submits that it appears from the FIR that one country made pistol has been recovered from possession of the petitioner but no seizure list has been prepared by the prosecution and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 31.01.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, 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 learned Court below where the case is pending in connection with Mashrakh P.S. Case No.39 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.29780 of 2022(2) dt.31-08-2022 3/3 reason, his/her bail bond shall be cancelled by the Court below.

(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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T