Shankar Singh @ Shankar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29869 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- DESARI DistrictVaishali ====================================================== SHANKAR SINGH @ SHANKAR PRASAD SINGH, aged about 59 years, male, S/o Late Rambali Singh R/o village- Sultanpur, P.S.- Desari, DistrictVaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 447, 341, 323, 324, 325, 326, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Desari P.S. Case No. 301 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties. The accusation of firing is general and omnibus against the accused persons. No injury has been caused to anyone to the informant's side rather the petitioner's side has received grievous injury. Similarly situated co-accused persons have been granted anticipatory bail by this Court by order dated 29.05.2019 in Cr. Misc. No. 34858 of 2019. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.29869 of 2019(3) dt.01-08-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateII, Vaishali at Hajipur in connection with Desari P.S. Case No. 301 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T