Abhisekh Singh @ Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38473 of 2021 Arising Out of PS. Case No.-247 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ABHISEKH SINGH @ ABHISHEK SINGH S/O NAGENDRA SINGH R/O VILLAGE-UKHAI, PACHHIM, P.O-UKHAI PATTI, P.S-MUFFASIL, DISTRICT-SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajni Kant, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Muffasil (Siwan) P.S. Case No. 247 of 2021 registered for the offence under Sections 341, 323, 307, 325, 504 and 506/34 of the Indian Penal Code.

The prosecution case, in short, is that the petitioner (Abhishek Singh) assaulted the informant by means of rod on his head, as a result of which, he sustained injury on his head and fell down on the ground.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. It is further submitted that as per

Patna High Court CR. MISC. No.38473 of 2021(4) dt.02-03-2022 2/3 the allegation, as alleged in the First Information Report, that the petitioner inflicted only one injury on the head of the informant by means of iron rod. It is further submitted that the petitioner has no intention to kill the informant. It is further submitted that the petitioner is a student and the police after investigation submitted charge sheet against the petitioner. Petitioner is in custody since 28.05.2021.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above name, 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, Siwan in connection with Muffasil (Siwan) P.S. Case No. 247 of 2021 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 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

Patna High Court CR. MISC. No.38473 of 2021(4) dt.02-03-2022 3/3 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) Jagdish/- U T