Vivek Kumar Singh@Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36958 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- SAHIYARA District- Sitamarhi ====================================================== Vivek Kumar Singh@Vivek Singh Son of Awadh Singh Resident of VillageDhangaraha, Police Station- Majorganj, District- Sitamarhi ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party :

Mr.Ram Sevak Choudhary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 506/34 of the Indian Penal Code.

Informant alleges that the petitioner and other accused persons abruptly got stopped his motorcycle when he was on way to Sitamarhi and engaged in scuffle. Meanwhile, petitioner shot fire upon the informant causing fire arm injury in his hand. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the petitioner did not support the informant in the election of Mukhia. Besides, the allegation of firing by the petitioner is false as the prosecution has not brought on record any injury report supporting the allegation. It is further submitted that even in the case diary there is no injury report. Petitioner has got no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of

Patna High Court CR. MISC. No.36958 of 2019(3) dt.21-08-2019 2/2 the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sahiyara Police Station Case No. 155 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T