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Patna High CourtCR. MISC./57311/2021bail granted

Shaligram Singh v. The State Of Bihar

2022-01-31Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57311 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- NAUHATTA District- Rohtas ====================================================== Shaligram Singh, aged about 63 years, Gender-Male, Son of Late Saman Narayan Singh @ Saman Singh, Resident of Village- Banahi, P.S.- Nauhatta, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

The petitioner seeks bail in connection with Nauhatta P.S. Case No. 54 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 120 (B) and 504 of the Indian Penal Code.

According to prosecution case, petitioner along with some other FIR named persons assaulted on the head of the son of the informant by means of deadly weapon. The petitioner

Patna High Court CR. MISC. No.57311 of 2021(2) dt.31-01-2022 2/3 also alleged to have snatched Rs. 15,000/- from the son of the informant.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that the informant is cousin brother of the petitioner and there is land dispute going on between the parties and on account of the same, this petitioner has been implicated in this case. He further submits that the petitioner has also filed a case being Nauhatta P.S. Case No. 55 of 2021 against the informant and others. It appears from the injury report that all injuries are simple in nature. Petitioner is in custody since 03.07.2021.

Learned Additional Public Prosecutor opposed the prayer for bail and submitted that the petitioner carries altogether six cases other than the present one. Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, SubDivisional Court, Dehri-on-Sone, Rohtas in connection with Nauhatta P.S. Case No. 54 of 2021, subject to the following

Patna High Court CR. MISC. No.57311 of 2021(2) dt.31-01-2022 3/3 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 absence on two consecutive dates without sufficient reason, his 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Anand Kr.

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