Chintu Singh @ Phoolbabu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51243 of 2022 Arising Out of PS. Case No.-103 Year-2019 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== CHINTU SINGH @ PHOOL BABU SINGH S/O VASHIST SINGH Resident of Village- Madhkoul, P.S.- Belsand, District- Sitamarhi, at present VillageAndama, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Anil Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Learned counsel for the petitioner is permitted to remove the defect (s), as pointed out by the office, if any, within a period of four weeks from today.

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 307/34 of IPC and Section 27 of Arms Act.

Allegation against the petitioner is that he fired upon the informant causing injury on his left thigh. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation against the petitioner as alleged in the FIR is that he fired upon the informant and the

Patna High Court CR. MISC. No.51243 of 2022(6) dt.04-04-2023 2/3 informant sustained injury but the injury is not on the vital part of the body of the informant.

Vide order dated 04.02.2023, a report was called for with regard to the present status of the trial. Report of the learned Trial Court dated 06.03.2023 reveals that the charge has been framed against the petitioner but no any prosecution witness has been examined as yet and the case is pending for evidence of the prosecution witnesses.

Learned counsel for the petitioner submits that in view of the report of the learned Trial Court that there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 16.06.2021.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries nine more cases other than the present one but fairly submits that out of nine cases, the petitioner is on bail in eight cases and rest one case, the petitioner has been acquitted.

Considering the aforesaid facts and period of custody, let the petitioner, above named, 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

Patna High Court CR. MISC. No.51243 of 2022(6) dt.04-04-2023 3/3 where the case is pending in connection with Ashok Paper Mills (Pator O.P.) P.S. Case No. 103 of 2019 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 cancelled by the Court below.

(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.

(3) 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) Nitesh/- U T