Jai Prakash @ Sadhu Singh@Jai Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40514 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== Jai Prakash @ Sadhu Singh@Jai Prakash Singh aged about 56 years Son of Late Shiv Awtar Singh Resident of Village - Khanpur, P.S.- Didarganj, Distt.- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr.Kaushal Kishor, Advocate For the Opposite Party :

Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on 16.2.2019 at 7 PM informant's father-in-law was returning to the house after attending call of nature. In the meantime, petitioner was quarreling with one Ramanand Singh and when the father-inlaw of informant went to pacify them, petitioner fired causing injury in the leg of informant's father-in-law. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute between the parties and the injury was caused on the non-vital part of the body. Charge sheet has already been submitted. Petitioner is in custody since 25.6.2020.

Patna High Court CR. MISC. No.40514 of 2020(2) dt.09-02-2021 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate IV, Patna city in Didarganj Police Station Case No. 55 of 2019/GR No.1122/2019 on 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.

(Prabhat Kumar Singh, J) Shashi U T