Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47133 of 2019 Arising Out of P.S. Case No.-37 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== Uma Shankar Singh, aged about 45 years, Male, Son of Late Shyam Narayan Singh Resident of Village - Morkap, P.S.- Baddy O.P., District- Rohtas ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dudh Nath Singh, Advocate For the Opposite Party :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and perused the case diary.

The petitioner is in custody in connection with Sheosagar P.S.Case No.37 of 2019 registered for an offence under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the petitioner is said to have fired upon the left side of his chest of the informant as a result of which he received injuries.

It is submitted on behalf of the petitioner that though the incident occurred on 03.02.2019 but the fardbeyan was recorded on 07.02.2019 and there is no explanation of delay in lodging the FIR. Moreover, it appears that a compromise

Patna High Court CR. MISC. No.47133 of 2019(4) dt.24-10-2019 2/2 petition has also been filed by the parties vide Annexure-2 to this petition. Petitioner is in custody since 10.05.2019 and chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, 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-cum-Sub Judge-VII, Sasaram, Rohtas in connection with Sheosagar P.S.Case No.37 of 2019 with following conditions:- (i) Petitioner shall cooperate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T