Guddu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52096 of 2021 Arising Out of PS. Case No.-209 Year-2015 Thana- SHEKHPURA District- Sheikhpura ====================================================== GUDDU SINGH Son of Late Chandeshwar Singh Resident of Village - Kosara , P.S.- Sheikhpura (Kushumba O.P.), in the distt. of Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2021 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned counsel appearing for the State.
Petitioner renews his prayer for bail in connection with Sheikhpura (Kushumbha O.P.) P.S. Case No. 209 of 2015 registered for the offence under Section 302 / 34 of the I.P.C. and Section 27 of the Arms Act inasmuch as earlier prayer for bail was rejected giving liberty to the petitioner to renew his prayer for bail after six months if the trial does not conclude. The allegation against the petitioner is that he along with the co-accused / Rohan Singh fired upon the husband of the informant. It has further been alleged that due to the firing made by the co-accused / Rohan Singh, the husband of the
Patna High Court CR. MISC. No.52096 of 2021(4) dt.01-12-2021 2/3 informant received injury in his chest and the firing made by the petitioner hit near the right thigh of the deceased. Learned counsel for the petitioner submits that this is sixth attempt for grant of bail on behalf of the petitioner and he is in custody since 07.04.2016. He further submits that the coaccused / Rohan Singh has been granted bail by the court below itself vide B.P. No. 192 of 2021.
This court while rejecting the bail application of the petitioner earlier had granted liberty to the petitioner to renew his prayer for bail after six months if the trial does not conclude within the said period. The court vide its order dated 22.09.2021 had called for a report from the court below regarding the present stage of the trial and in pursuance thereof the report dated 21.10.2021 has been submitted by the learned 1st Additional Sessions Judge, Sheikhpura. From perusal of the same it appears that estimated time given by the trial court for completion of the trial is six months.
Regard being had to the submissions made by the parties and taking into consideration the fact that petitioner is in custody since 07.04.2016, this is sixth attempt for bail on behalf of the petitioner and the co-accused has been granted bail by the court below itself, I am inclined to grant regular bail to the
Patna High Court CR. MISC. No.52096 of 2021(4) dt.01-12-2021 3/3 petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, Sheikhpura / concerned court in connection with S.Tr. No. 04 of 2018 arising out of Sheikhpura (Kushumbha O.P.) P.S. Case No. 209 of 2015 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of the trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J) praful/- U T