Vinay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46302 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- SIKARHATTA District- Bhojpur ====================================================== Vinay Singh S/O Akshay Kumar Singh R/O Village-Rajmaldih, P.S- Sikrhta, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the State :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sikarhatta P.S. Case No. 104 of 2020 registered for the offence under Sections 147, 148, 149, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 17.02.2021.

The allegation against the petitioner is to to be part of the crowd of which one of the co-accused repeatedly assaulted the injured in stomach with intention to cause death. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.46302 of 2021(4) dt.21-06-2022 2/3 submitted that the allegation is limited only to be part of the crowd and there is no allegation as regard to assault. It has also been submitted that the petitioner is involved in one case of theft in which he is on bail. It has further been submitted that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances as mentioned above, as the allegation against the petitioner is limited to be a part of the crowd having no allegation of assault, let the petitioner, above named, is directed to be released on bail in connection with Sikarhatta P.S. Case No. 104 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhojpur at Ara, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be

Patna High Court CR. MISC. No.46302 of 2021(4) dt.21-06-2022 3/3 allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Kunti Devi, who is the mother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T