Vicky Singh @ Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40238 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- TARAIYA District- Saran ====================================================== Vicky Singh @ Vikash Kumar Singh Son of Amrendra Singh Resident of Village- Chainpur, P.S.- Taraiya, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Narayan Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-10-2021 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner seeks bail in Taraiya P.S. Case No. 144 of 2020, registered for the offence under Sections 341, 323, 304/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner is alleged to have fired upon the informant (Sanjay Kumar Singh), which hit the mother of the petitioner.

It is submitted on behalf of petitioner that there is case and counter case. The counter case was lodged on the same day by the mother of petitioner against informant and others (Annexure 2 to the petition), in which, Meena Devi (mother of

Patna High Court CR. MISC. No.40238 of 2021(2) dt.07-10-2021 2/3 petitioner) has alleged that in fact, co-accused Shashikant Singh had fired, which hit her and she fell down. It is further submitted that though, petitioner is accused in four more cases, but in two cases, he is on bail and in rest two cases, the police has submitted final form. This fact has been stated in paragraph - 3 of the petition. Petitioner is in custody since 12.03.2021. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 C.J.M., Saran at Chapra in connection with Taraiya P.S. Case No. 144 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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

Patna High Court CR. MISC. No.40238 of 2021(2) dt.07-10-2021 3/3 cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T