Shidharth Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44606 of 2021 Arising Out of PS. Case No.-405 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== SHIDHARTH KUMAR SINGH Son of - Pravin Kumar Singh Resident of Village- Basantpur Pakri, Ward No. 1, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 29.05.2020, seeks regular bail in connection with Bajpatti P.S. Case No. 405 of 2019, for the offence punishable under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that three unknown accused persons shot the son of informant and snatched his bag.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that the name of

Patna High Court CR. MISC. No.44606 of 2021(3) dt.21-03-2022 2/3 petitioner has surfaced in the present case on the basis of confessional statement of co-accused Chandan Kumar Chandan Pandit. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that similarly situated co-accused Chandan Kumar @ Chandan Pandit has already been released on bail vide order dated 09.04.2021 passed in Criminal Miscellaneous No. 41086 of 2020. The petitioner is in custody since 29.05.2020. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case, the Court below is directed to obtain criminal antecedent report of the petitioner from the concerned Superintendent of Police and if it is found that no other criminal case is pending against the petitioner, as what has been stated in paragraph No.3 of the present bail application filed on behalf of the petitioner, the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sitamarhi in connection with Bajpatti P.S. Case No. 405 of 2019 (G.R. No. 1834 of 2019), subject to the following conditions:-

Patna High Court CR. MISC. No.44606 of 2021(3) dt.21-03-2022 3/3

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T