Patna High CourtCR. MISC./37684/2024bail granted

Amar Kumar Singh @ Amar Singh @ Tikuli v. The State Of Bihar

2024-08-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37684 of 2024 Arising Out of PS. Case No.-158 Year-2021 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Amar Kumar Singh @ Amar Singh @ Tikuli Son of Bhushan Singh Resident of Village -Soha, P.S.- Sonbarsa Raj, District - Saharsa, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sonbarsa Raj P.S. Case No. 158 of 2021 dated 02.09.2021, lodged under Sections 302, 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 14.11.2022 passed in Cr. Misc. No. 26559 of 2022. Counsel further submits that the bail application of the petitioner was rejected solely on the ground that the Sessions Judge has indicated in its order that there was one eye witness of the occurrence who has deposed before the police that the victim was killed by the petitioner. Counsel submits that the charge has been framed and the said eye-witness has been

Patna High Court CR. MISC. No.37684 of 2024(3) dt.07-08-2024 2/2 deposed during trial and in his defence witness, he has denied the statement that he has disclosed anything before the police and therefore, declared hostile.

4. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 25.02.2022 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the said witness has given statement in the year 2022 before the police, but he has adduced evidence in the month of March, 2024.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Saharsa in connection with Sonbarsa Raj P.S. Case No. 158 of 2021, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T