Ujjawal Kumar Singh @ Ujjawal Singh @ Ujjwal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50364 of 2024 Arising Out of PS. Case No.-508 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Ujjawal Kumar Singh @ Ujjawal Singh @ Ujjwal Singh S/O Raj Kishor Singh @ Bablu Singh R/O village- Pagra,P.S.-Dalsinghsarai, Distt-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Shankar, Adv.
Mr. Mahendra Pratap, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Dalsinghsarai P.S. Case No. 508 of 2023 instituted for the offences under Sections 147, 149, 341, 323, 385, 307, 379, 504, 506 of the Indian Penal Code.
3. As per prosecution case, the accusation against the petitioner is of injuring the Informant by assaulting him on the nose and head with the butt of the pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been
Patna High Court CR. MISC. No.50364 of 2024(3) dt.21-09-2024 2/3 recovered from the conscious possession of the petitioner. There is no eye-witness to the alleged occurrence. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The Informant has neither received any fire-arm injury nor any sign of firing was found at the place of occurrence. The petitioner has six criminal antecedents but, in all of them, he is on bail as mentioned in Para-3 of the present bail petition and is languishing in judicial custody since 29.04.2024 without any rhymes or reason. The Investigating Officer, after completion of investigation has submitted the charge-sheet against the petitioner in this case under Sections 147, 149, 341, 323, 325, 504, 506 of the I.P.C. and the court below has taken cognizance under the Sections 147, 149, 341, 323, 385, 307, 379, 504, 506 of the I.P.C.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The petitioner is named in the F.I.R. and thus, he does not deserve bail by this Court.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as
Patna High Court CR. MISC. No.50364 of 2024(3) dt.21-09-2024 3/3 also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dalsinghsarai P.S. Case No. 508 of 2023, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate 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.
(Rudra Prakash Mishra, J) rishi/- U T