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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51300 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Abhishek Singh@ Abhishek Kumar Singh Son Of Manoranjan Singh @ Munna Singh Resident Of Village- Sandha Khemaji Tola, Police StationChapra Muffasil, District- Saran (CHAPRA). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 341,307,384,379,326/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that the informant in his fardbeyan alleged that while he was playing volleyball on 20.01.2021 at 17.30 hours, all the named accused persons came there alongwith three unknown persons out of them Varun Raj @ Chhotu started demanding Rs.10,000/- as Rangdari, which

Patna High Court CR. MISC. No.51300 of 2021(4) dt.11-05-2022 2/3 the informant protested, then Abhishek Singh (petitioner) started making firing on him, which hit on right thigh as a result blood started oozing, in the meanwhile his golden chain too was snatched.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that in fact during playing volleyball two rival groups made scuffling and due to that present occurrence has happened. He further submits that there is no intention for killing and however submits that it appears from the record that the injury report of the informant is not available so the case under Section 307 IPC is not made out against the petitioner. He further submits that the police, after investigation, submitted chargesheet against the petitioner on 30.05.2021 and the petitioner is in custody since 25.03.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries eight more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, 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 learned Court below

Patna High Court CR. MISC. No.51300 of 2021(4) dt.11-05-2022 3/3 where the case is pending in connection with Chapra Muffasil P.S.Case No. 29 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T