Guddu Kumar Singh @ Guddu @ J. D. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33742 of 2024 Arising Out of PS. Case No.-823 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Guddu Kumar Singh @ Guddu @ J. D. Singh Son of Ajay Kumar Singh @ Ajay Singh Resident of village - Baruari East, Police Station and District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Supaul P.S. Case No. 823 of 2023 instituted for the offences under Sections 341, 342, 323, 353, 307, 332, 333, 427, 504/34 of the Indian Penal Code and Section 25(1-B)A/26/35 of the Arms Act.

3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence. On seeing the police party, the accused/petitioner tried to flee away from there but, was apprehended. On search, one loaded pistol was recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.33742 of 2024(2) dt.02-05-2024 2/3 against him and has falsely been implicated in the present case. He further submits that the petitioner was not arrested on the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has seven criminal antecedents and in all of them, he is on bail. The petitioner is languishing in judicial custody since 01.11.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Supaul P.S. Case No. 823 of 2023, subject to the following conditions; (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.33742 of 2024(2) dt.02-05-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(iii) 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.

(Rudra Prakash Mishra, J) rishi/- U T