Amit Kumar Singh @ Daroga Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9721 of 2021 Arising Out of PS. Case No.-502 Year-2020 Thana- SONEPUR District- Saran ====================================================== Amit Kumar Singh @ Daroga Singh S/o Rajdeo Singh R/o VillagePaevejabad Ward No. 2. P.S.- Sonpur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anant Kumar Bhaskar For the State :

Mr. S. Ehteshamuddin A.P.P.

For the Informant :

Mr. Braj Nandan Kr. Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

19-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sonpur P.S. Case No. 502 of 2020, registered for the offence under Section 307 & other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner is alleged to have assaulted with sword on the head of the informant. It is submitted on behalf of the petitioner that petitioner and informant are gotiyas and due to land dispute between the parties, altercation took place and both sides sustained injury. There is counter version also of the present

Patna High Court CR. MISC. No.9721 of 2021(3) dt.19-07-2021 2/3 case, vide Complaint Case No. 1116 of 2020, in which it is stated that informant side brutally assaulted the petitioner side. There is no allegation against the petitioner of causing fire-arm injury. Investigation is complete. Petitioner claims clean antecedent and is in custody since 05.08.2020. Learned counsel for the informant and the State have opposed the bail petition and stated that there is specific allegation against this petitioner of giving sword blow on the head of the informant.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner 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 Chief Judicial Magistrate, Saran at Chapra in connection with Sonpur Police Station Case No. 502 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.9721 of 2021(3) dt.19-07-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T