Amar Singh @ Amarnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50514 of 2021 Arising Out of PS. Case No.-502 Year-2020 Thana- SONEPUR District- Saran ====================================================== AMAR SINGH @ AMARNATH SINGH S/o Rajdeo Singh R/o VillagePaevejabad Ward No.2, P.S.- Sonpur,District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard Mr. Anant Kumar Bhaskar, learned counsel for the petitioner and Mr. Vinod Shankar Modi, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sonpur P.S. Case No. 502/2020 registered for the offences punishable under Sections 147, 148, 149, 447, 342, 323, 324, 307, 379, 504, 387 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

The allegation, as per the First Information Report, is that the petitioner has allegedly assaulted the brother of the informant by means of Dab on his arm.

Learned counsel for the petitioner submits that the petitioner along with other accused persons have been made

Patna High Court CR. MISC. No.50514 of 2021(2) dt.01-04-2022 2/3 accused by the informant due to land dispute between the parties inasmuch as both the parties are agnates and there is case and counter case between them. Learned counsel further submits that a Complaint Case No. 1116/2020 has been filed by the side of the petitioner. He next submits that the petitioner has got no criminal antecedent and he is in custody since 8.10.2020. Referring to Annexure-2 learned counsel submits that other coaccused person namely, Amit Kumar Singh @ Daroga Singh against whom the allegation of assault is also that he assaulted the informant as well his brother Ajit Singh, has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 9721/2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that both the parties are agnates, there is case and counter case between them and similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, the petitioner is in custody since 8.10.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.50514 of 2021(2) dt.01-04-2022 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Sonpur P.S. Case No. 502/2020 subject to the following conditions:

(i) that the petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cnacelled by the court below.

(ii) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Anil Kumar Sinha, J) S.Ali/- U T