Guddu Singh @ Premchandra@Premchandra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47783 of 2024 Arising Out of PS. Case No.-701 Year-2023 Thana- FATUA District- Patna ====================================================== Guddu Singh @ Premchandra@Premchandra Singh Son Of Late Mahendra Yadav @ Mahendra Gope Resident Of Village - Surangapar, P.S. - Fatuha, District - Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 294 of 2024 arising out of Fatuha P.S. Case No. 701 of 2023 dated 15.09.2023 registered for the offences punishable under Sections 302, 307, 120(B)/34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 12.02.2024.
4. Learned counsel appearing on behalf of the petitioner submits that the informant alleges that on 14.09.2023 at about 10:00 PM, his thirteen named neighbors including the petitioner came variously armed and fired at his bother (Jay
Patna High Court CR. MISC. No.47783 of 2024(3) dt.05-10-2024 2/3 Singh), Sailesh and Muntus indiscriminately, on account of which his brother and Sailesh died while Mintus was brought to the hospital in a serious condition where he is under treatment, next alleges that the reason for the occurrence is land dispute as the accused were forcing to leave their land despite partition having done. It is next submitted that from perusal of the allegation as alleged it would manifest that on account of which dispute relating to land, the occurrence is alleged to have taken place. It is next submitted though two persons died and Mintus was taken to the hospital in a serious condition, but then from perusal of the allegation as alleged in the FIR it would manifest that allegation of firing is not specific.
It is also submitted that accused Uma Shankar, Sonu and Deepak had approached this Court seeking regular bail by filing Cr. Misc. No. 40037 of 2024, Cr. Misc. No. 40581 of 2024 and Cr. Misc. No. 41067 of 2024 and all the three criminal cases were taken up together by a learned Co-ordinate Bench and granted privilege of regular bail to the accused persons by an order dated 18.09.2024.
5. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that if the privilege of regular bail is granted to the petitioner, the petitioner may abscond on which, the learned counsel appearing
Patna High Court CR. MISC. No.47783 of 2024(3) dt.05-10-2024 3/3 on behalf of the petitioner submits that the petitioner will not abscond rather will co-operate in the trial.
6. Considering the submissions, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T. No. 294 of 2024 arising out of Fatuha P.S. Case No. 701 of 2023.
7. One of the bailer of the petitioner shall be his wife namely, Geeta Devi.
8. However, it is made clear that if the learned trial court comes to a conclusion that petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bond of the petitioner. ` (Satyavrat Verma, J) annpurna/- U T