Surya Mani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38149 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== SURYA MANI SINGH, Son of Late Kauleshwar Singh Resident of Village - Bhola Bigha, P.S. - Islampur, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Adv.

Mr. A.D. Verma, Adv.

Ms. Preety Kunwar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2021 Heard both parties.

The petitioner seeks bail in Islampur P.S. Case No. 128/2020 registered for the offences punishable under Sections 147, 148, 341, 323, 504, 506, 307 of the Indian Penal Code as well as Section 27 of Arms Act.

As per prosecution case, on the order of this petitioner, co-accused Ujjawal Singh made firing on the informant causing gunshot injury on his left arm, chest, neck, forehead, right hand, right thigh and left ear. It is submitted that petitioner has been falsely implicated in this case due to previous litigations. There are series of litigations between the parties. Counter case has also been filed by the wife of petitioner, namely, Nilam Devi, against

Patna High Court CR. MISC. No.38149 of 2020(2) dt.05-02-2021 2/2 the informant and others bearing Islampur P.S. Case No. 129/2020. Charge-sheet has already been submitted. Petitioner is in custody since 20.08.2020.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be enlarged 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 Chief Judicial Magistrate, Hilsa, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) rakhi U T