Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58739 of 2021 Arising Out of PS. Case No.-340 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== Vijay Singh S/O- Raghu Singh Resident of Village- Teera, Police StastionHarnaut, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2022 Heard learned counsel for the petitioner, the State and learned counsel for the informant.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Harnaut (Chero) P.S. Case No.340 of 2020 (Sessions Trial No.387 of 2021) instituted under Sections 302, 201/34 of the Indian Penal Code.

As per the prosecution story, the nephew of the informant was taken away by accused Sadhu Singh and Arjun Singh and when he failed to return, search was made and ultimately after couple of days, the dead body was found in a well. The informant as such alleged that the accused persons conspired and killed him.

Learned counsel for the petitioner submits that on

Patna High Court CR. MISC. No.58739 of 2021(3) dt.19-05-2022 2/3 unsubstantiated suspicion, all the accused persons have been implicated. He further submits that having instituted the FIR against them, this petitioner has suffered a lot by being in jail since 30.01.2021 (as stated in para-15 of the bail application). He further submits that some of the accused persons have been granted bail vide Cr. Misc. No.14009 of 2021 and Cr. Misc. No.58810 of 2021. Accordingly, he submits that he may also be extended that privilege of bail. Both the bail orders are kept on record.

Taking into account the aforesaid facts as also the fact that charge sheet has already been submitted in the matter and he is in jail since 30.01.2021, let the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(twenty five thousand) with two sureties of the like amount each in connection with Harnaut (Chero) P.S. Case No.340 of 2020 (Sessions Trial No.387 of 2021) to the satisfaction of learned Additional Sessions Judge, IIIrd, Nalanda at Biharsharif , subject to following conditions:

(i) the Trial court shall satisfy itself on the criminal antecedent of the petitioner herein while releasing him on bail; (ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,

Patna High Court CR. MISC. No.58739 of 2021(3) dt.19-05-2022 3/3 failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T