Gautam Singh @ Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45153 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BEERPUR District- Begusarai ====================================================== GAUTAM SINGH @ VIKASH KUMAR SINGH S/O AJAY KUMAR SINGH @ AJAY SINGH R/O Village- Birpur, P.S- Birpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2023 1.

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

2.

Petitioner seeks regular bail in connection with Birpur P.S. Case No.17 of 2023 dated 19.02.2023 registered for the offence(s) punishable under Section(s) 147, 342, 323, 307, 386, 504, 354(B) and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 20.03.2023, there are two parts of the FIR and the petitioner's role has been revealed in the second part of the FIR and there is no serious allegation against him and as per the allegation he and co-accused persons simply abused and threatened the informant, though against the petitioner there

Patna High Court CR. MISC. No.45153 of 2023(2) dt.27-07-2023 2/3 are criminal antecedents of six cases but he has got bail in all the said cases and as per the FIR the main and specific allegation of making extortion demand is against co-accused Ajay Singh and two unknown persons and not against this petitioner and moreover the investigation has been completed against this petitioner.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the completion of investigation against this petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Birpur P.S. Case No.17 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, on the following conditions:- (I) Petitioner(s) shall co-operate in the trial and shall be properly represented on each and every date fixed by the trial Court and shall remain physically present as directed by the trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the trial Court.

(II) If the petitioner(s) tampers with the evidence or the witnesses, in that case the prosecution will be at

Patna High Court CR. MISC. No.45153 of 2023(2) dt.27-07-2023 3/3 liberty to move for cancellation of bail.

(III) One of the bailors shall be a close relative of the petitioner(s) who has sworn affidavit in this miscellaneous petition.

(Shailendra Singh, J) sangam/- U