Prince Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54234 of 2022 Arising Out of PS. Case No.-370 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== PRINCE SINGH, S/o Anil Singh Resident of Village- Keshopur, P.S.- Barahara, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Koilwar P.S. Case No.370 of 2022 instituted under Section 307/34,120B of the IPC and 27 Arms Act.

As per the FIR, there was a dance programme on the occasion of marriage of the daughter of Santosh Singh where it is alleged that some accused persons in a drunken position opened fire and one of them hit the right thigh of the dancer. She was taken to the hospital for treatment and F.I.R. was lodged. Learned counsel for the petitioner submits that a bare perusal of the F.I.R. would show that the bullet fired by

Patna High Court CR. MISC. No.54234 of 2022(2) dt.16-12-2022 2/3 Pradhuman Singh hit the informant on her right thigh resulting into injury. Allegation against the petitioner is also of firing in drunken position.

Taking into account that the specific allegation is against Pradhuman Singh that he opened fire which caused injury to the informant on her thigh, there is omnibus allegation against the petitioner of resorting to fire which however hit anyone, is in custody since 10.06.2022 (as stated in paragraph 17 of the application), this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Koilwar P.S. Case No.370 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her

Patna High Court CR. MISC. No.54234 of 2022(2) dt.16-12-2022 3/3 bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan / Ajay U T