Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.42338 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Sunil Singh, son of Ramesh Singh, R/o village- Kanchan Nagar, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-02-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Daudnagar P.S. Case No. 191 of 2020 registered for the offences punishable under Sections 341, 323, 307, 504, 506, 379/34 of the Indian Penal Code . He is in custody since 25.03.2021 having no criminal antecedent as stated in paragraph '3' of the application.
Learned counsel for the petitioner submits that from a bare reading of the First Information Report, it would appear that the informant and petitioner's side are close door
Patna High Court CR. MISC. No.42338 of 2021(2) dt.15-02-2022 2/3 neighbours and they had a quarrel over the demolition of a wall of the house of the informant. It is alleged that co-accused Ramesh Singh thrashed her husband and ordered his son Sunil Singh to kill the husband of the informant whereupon this petitioner assaulted the husband of the informant by Rambha due to which he sustained injury on his head. Learned counsel for the petitioner submits that the quarrel seems to have taken place all of a sudden, there is no repetition of blow, both the parties are close door neighbours and petitioner has remained in custody in connection with this case for over ten months, investigation against him is complete and his appearance may be secured in course of trial, therefore, he deserves privilege of bail.
Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner, but considering the facts and circumstances of the case, the nature of dispute, the fact that there was no repetition of blow by the petitioner and petitioner has no criminal antecedent as also he has remained in custody for over ten months during which investigation against him is complete and his appearance may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.42338 of 2021(2) dt.15-02-2022 3/3 Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No. 191 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. 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. (Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.