Shivpujan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45841 of 2022 Arising Out of PS. Case No.-320 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== SHIVPUJAN SINGH Son of Ganeshi Singh R/v- Balatand, P.S- Bidupur, Dist- Vaishali.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Nityanand, Advocate.

For the State :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 09-12-2022 This is an application for grant of bail in Crime No.320 of 2022 registered with Police Station-Bidupur for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Heard both sides.

It is reported by the learned counsel for the applicant that alleged victims of the crime in question, namely, Ram Briksh Singh and Shiv Chandra Kumar, are already discharged from the hospital long back and the charge-sheet against the applicant has already been filed. It is further argued that the incident has resulted in registration of the counter case at the instance of Poonam Devi, who happens to be wife of the applicant, against the alleged victims of this crime.

The learned A.P.P. opposed the application by contending

Patna High Court CR. MISC. No.45841 of 2022(2) dt.09-12-2022 2/3 that the offence is serious.

I have considered the submissions so advanced. The Charge-sheet is reportedly filed. The victims of the crime in question are out of danger as stated by the learned counsel for the applicant. Hence, further pretrial detention of the applicant is not warranted and, therefore, the following orders: (i). The application is allowed.

(ii). The applicant in Crime No.320 of 2022 registered with Police Station-Bidupur for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code, be released on bail on executing P.R. bond of Rs.10000/-(Rupees Ten Thousand) and on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not contact the members of

Patna High Court CR. MISC. No.45841 of 2022(2) dt.09-12-2022 3/3 the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. (V). The applicant should not tamper prosecution evidence in any manner.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant. (A. M. Badar, J) P.S./- U T