Anandi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25695 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Anandi Singh Son of Late Rameshwar Singh Resident of Village - Pahsara West, P.S. Nowkothi, District - Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor Mr. Dr. Amarendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner, the State and the informant through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

Prosecution's case, in brief, is that the petitioner and other three accused persons, all named in the FIR, came to the house of the informant on 30.5.2020 at 8.30 pm. Thereafter, the petitioner demanded Rs.5 lacs as rangdari. He abused and assaulted his wife with butt of pistol causing her injuries. Accused Ravish Kumar, Manish Kumar and Sukan Singh made sporadic fire causing injuries to the informant. Out of fear, wife

Patna High Court CR. MISC. No.25695 of 2020(3) dt.23-11-2020 2/3 of informant gave Rs.1 lac to the petitioner. Accused persons fled away by exploding bomb.

Learned counsel for the petitioner submits that there is no allegation of firing against the petitioner. Petitioner happens to be own uncle of the informant, whereas informant's wife is the cousin daughter-in-law of the petitioner. There is land dispute between the parties since long. Charge sheet has also been filed in the case. Petitioner is in custody since 4.6.2020. Learned counsel for the State as also the informant oppose the prayer for bail. They submit that the petitioner has got criminal antecedent and there is allegation of assaulting the wife of the informant. Allegation of making intermittent fire and exploding bomb are against all the accused persons. Replying the allegation of other side, learned counsel for the petitioner refers to paragraph 3 of the bail petition and submits that the petitioner is accused in one more case which has been lodged by the full brother of the informant and in the said case, he is on bail.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.25695 of 2020(3) dt.23-11-2020 3/3 Judicial Magistrate 1st class, Begusarai in Nowkothi Police Station Case No. 75 of 2020 on 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 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U t