Sri Kant Singh @ Sri Kant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58604 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- MIRGANJ District- Gopalganj ====================================================== SRI KANT SINGH @ SRI KANT KUMAR SINGH Son of Bhagwan Singh Resident of Village - Rupanchak, P.S.- Hathua, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The grand father of the informant is said to have been killed by inflicting gun shot injury.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the parties are agnates and there is admitted land dispute

Patna High Court CR. MISC. No.58604 of 2021(4) dt.16-05-2022 2/3 between them and on account of that case and counter case has been lodged by both the parties. He further submits that there general and omnibus allegation against the petitioner and no specific allegation of assault is attributed to him. There is no eye witness to the alleged occurrence who whispered anything about the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 12.08.2021.

Learned A.P.P. for the State as well as learned counsel for the informant has opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R. and there is allegation of firing against him. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Mirganj P.S. Case No. 235 of 2020 with 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 canceled by the Court below.

Patna High Court CR. MISC. No.58604 of 2021(4) dt.16-05-2022 3/3

(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.

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) brajesh/- U T