Sumit Vijay Singh @ Sumo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38970 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== SUMIT VIJAY SINGH @ SUMO SINGH SON OF LATE ACHALDEO SINGH R/O VILLAGE- RAHUA, P.S.- SAHEBPUR KAMAL, DISTRICTBEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-10-2022 No one appears on call.
Heard learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Sahebpur Kamal P.S. Case No. 95 of 2021 for the offences under Sections 147, 148, 149, 342, 307 of the Indian Penal Code and Section 25(1-B)a, 26/35 of the Arms Act. Later on Section 302 IPC was added.
As per the prosecution story, this petitioner along with other ten F.I.R named accused persons assaulted the younger son of the informant by means of iron rod, lathi and bricks, as a result of which, he sustained multiple injuries and died during
Patna High Court CR. MISC. No.38970 of 2022(2) dt.10-10-2022 2/3 course of treatment.
As per the averment made in the bail application, omnibus allegation against all the accused persons including the petitioner herein has been alleged. Further, as would reflect from Annexure- 2 series, the other similar placed co-accuseds have since been released on bail vide Cr. Misc. No. 51072 of 2021, Cr. Misc. No. 55562 of 2021, Cr. Misc. NO. 62268 of 2021, Cr. Misc. NO. 58761 of 2021 and Cr. Misc. No. 51072 of 2021 respectively by co-ordinate Benches of this Court. Taking into account the fact that there is omnibus allegation against all the accused persons including the petitioner herein, he is in custody since 17.03.2022, charge sheet stands submitted, similar placed co-accuseds have since been released on bail as stated above, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Court of learned C.J.M., Begusarai in connection with Sahebpur Kamal P.S. Case No. 95 of 2021, subject to the following conditions. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show
Patna High Court CR. MISC. No.38970 of 2022(2) dt.10-10-2022 3/3 his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/neha/- U T