Suraj Singh @ Surya Mani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4844 of 2021 Arising Out of PS. Case No.-474 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== SURAJ SINGH @ SURYA MANI SINGH Son of Late Kauleshwar Singh Resident of Village - Bhola Bigha, P.S. - Islampur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Dutta Verma, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-03-2021 Heard Mr. Akhilesh Dutta Verma, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Islampur PS Case No. 474/2020 registered for the offence punishable under Sections 341/323/354/307/427/447/379/34 of the IPC and Section 27 of the Arms Act.

The allegation, as per First Information Report, is that petitioner along with other accused persons arrived near the house of the informant and the accused, Ujwal Singh fired upon the mother of the informant due to which, she sustained injury and the co-accused, Deepak Singh fired upon the cousin brother of the informant. It is further alleged that petitioner along with other accused persons chased the cousin brother of the informant with an intention to kill him but, somehow, he saved

Patna High Court CR. MISC. No.4844 of 2021(2) dt.26-03-2021 2/3 himself.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been implicated in this case due to land dispute between the parties and both the parties are agnates and there is case and counter case inasmuch as Islampur PS Case No. 496/2020 has been lodged by the sister-in-law of the petitioner against the informant and others. Learned counsel next submits that the previous cases, as mentioned in para-3 of the instant petition, were lodged by the side of the informant due to land dispute. Learned counsel next submits that petitioner is in custody since 12.08.2020 and from perusal of the FIR, it would be evident that, at best, petitioner is alleged to be a member of the unlawful assembly.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are agnates, there is case and counter case between them and no overt act has been alleged against the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SURAJ SINGH @ SURYA MANI SINGH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.4844 of 2021(2) dt.26-03-2021 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hilsa in connection with Islampur PS Case No. 474/2020 (GR No. 1987/2020).

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T