Deva Singh @ Dewa Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49181 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Deva Singh @ Dewa Singh, Son of Late Badai Singh, Resident of Village - Parariya, P.S.- Barun, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Md. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 23-12-2022 This is an application for grant of bail in Crime No. 28 of 2022 registered with Barun Police Station for the offences punishable under Sections 307, 323, 324, 504 and 506 r/w Section 34 of the Indian Penal Code as well as Section 27 of the Arms Act.

Heard both sides.

As argued by the learned Senior Advocate appearing for the applicant, it is noticed that Co-accused Ajit Singh @ Ajit Kumar Singh was granted anticipatory bail by the coordinate Bench of this Court vide order dated 02.08.2022 passed in Criminal Misc. No. 21177 of 2022. It is noticed that accusation against the present applicant are similar in nature as are against co-accused Ajit Singh @ Ajit Kumar Singh who is granted relief of

Patna High Court CR. MISC. No.49181 of 2022(2) dt.23-12-2022 2/3 anticipatory bail by the coordinate Bench of this Court. According to the prosecution case, in Panchayat election, some altercation took place between the brother of the First Informant and co-accused Guddu Singh @ Amit Singh. In the evening, the accused persons came at Darwaza of First Informant Rajkishore Singh @ Rajkeshwar Singh and according to the FIR, co-accused Guddu Singh @ Amit Singh fired a bullet from the pistol causing injury to First Informant Rajkishore Singh @ Rajkeshwar Singh. It is reported on behalf of the applicant that Rajkishore Singh @ Rajkeshwar Singh is discharged from the hospital long back. In this view of the matter, the applicant also deserves to be released on bail and therefore, the order:- i. The application is allowed.

ii. The applicant/accused in Crime No. 28 of 2022 registered with Barun Police Station for the offences punishable under Sections 307, 323, 324, 504 and 506 r/w Section 34 of the Indian Penal Code as well as Section 27 of the Arms Act be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) and on furnishing surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Aurangabad with the following conditions: -

Patna High Court CR. MISC. No.49181 of 2022(2) dt.23-12-2022 3/3 (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not tamper with the prosecution evidence in any manner.

(IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections if any forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

Bhardwaj/- P.S.

(A. M. Badar, J) U T