Sukkan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42778 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== SUKKAN SINGH Son of Late Jaddu Singh Resident of Village - Katarmala, P.S.- Dandari, Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mrs.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Nawkothi P.S. Case No. 75 of 2020 registered for the offence under Section 447, 342 , 323, 307, 354 (B), 386 , 387 and 34 of the I.P.C. , Section 27 of the Arms Act.

As per the allegation the petitioner along with other accused persons Manish Kumar and Ravish Kumar fired upon the informant due to which he sustained fire arm injuries. Learned counsel for the petitioner submits that petitioner has falsely been implicated due to land dispute between the co-accused / Anandi Singh and the informant inasmuch both the informant and the co-accused /Anandi Singh are agnates. He further submits that only two injuries have been

Patna High Court CR. MISC. No.42778 of 2021(2) dt.02-02-2022 2/3 found on the person of the informant which are simple in nature and the co-accused / Manish Kumar and Ravish Kumar having similar allegation have been granted bail by different Coordinate Benches of this Court in Cr. Misc. No. 26302 / 2021 and Cr. Misc. No. 23311 / 2021. The petitioner is in custody since 28 - 1 - 2021.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 28 / 1 / 2021, charge sheet has already been submitted and similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajeev Ranjan, J.M. 1st Class, Begusarai in connection with Nawkothi P.S. Case No. 75 of 2020 on the following conditions:- (a) that the 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 in the event of his absence on two consecutive dates

Patna High Court CR. MISC. No.42778 of 2021(2) dt.02-02-2022 3/3 without sufficient reason, his bail bond shall be cancelled by the court below.

(b) that if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Anil Kumar Sinha, J) praful/- U T