Suman Kumar @ Suman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40679 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== SUMAN KUMAR @ SUMAN SINGH S/o- Upendra Singh Resident of Village- Fatehpur, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 353, 504 and 506 of the Indian Penal Code and Section 37(2) of the Bihar Prohibition and Excise Act, 2016.The case relates to recovery of one country made pistol along two live cartridges and one mobile phone. The petitioner is said to have been apprehended in drunken condition while he was making nuisance in the Primary Health Centre.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing

Patna High Court CR. MISC. No.40679 of 2021(4) dt.06-04-2022 2/3 incriminating has been recovered from the conscious possession of the petitioner rather the petitioner is said to have been arrested in the drunken condition only. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 25.03.2021. 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, 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 Court below where the case is pending in connection with Fatehpur P.S. Case No. 93 of 2021 (I.A. No. IA-01/2021) (CIS No. 63 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 canceled

Patna High Court CR. MISC. No.40679 of 2021(4) dt.06-04-2022 3/3 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) brajesh/- U T