Amar Singh @ Amar Nath Singh @ Amar Nath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8919 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Amar Singh @ Amar Nath Singh @ Amar Nath S/o Late Sudeshwar Sharma, R/o village- Gopalpur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Samrendra Kumar Jha, Advocate For the Opposite Party/s :
Smt. Meema Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-06-2021 In view of sudden surge of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Naubatpur P.S. Case No. 195 of 2020 registered for offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code.
Having no antecedent it is submitted by the
Patna High Court CR. MISC. No.8919 of 2021(2) dt.30-06-2021 2/3 petitioner's counsel that the petitioner has been apprehended in this case merely because he is a relative of the first accused with whom there is stated to be some issues pending since before. The said accused no. 1 has since been allowed bail in Cr. Misc. No. 39379 of 2020. The petitioner's bona fide is evident from the fact that he has suo motu surrendered before the police on 16.04.2020 since then he is in custody. Charge sheet is submitted and the investigation is complete. The allegation of assault by Khanti attributed against the petitioner is also not corroborated by the injury report.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Danapur, Patna in Naubatpur P.S. Case No. 195 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor
Patna High Court CR. MISC. No.8919 of 2021(2) dt.30-06-2021 3/3 will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) Mahesh/- U T