Vinay Singh @ Vinay @Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57358 of 2022 Arising Out of PS. Case No.-352 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Vinay @ Vinay Singh @Vinay Kumar Singh Son of Ranjeet Kumar Singh Resident of Village- Katra Newaji Tola, P.S.- Bhagwan Bazar, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP For the Informant : Mr. Ravi Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence under Sections 302,120(B),34 of IPC and Section 27 of Arms Act.

The prosecution case in shot is that the allegation against co-accused Vinod Rai is that he fired on the chest of brother of the informant as a result he fell down and died. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR that no specific role or overt-act is attributed against the petitioner and it appears from the FIR itself that co-accused namely, Vinod Rai

Patna High Court CR. MISC. No.57358 of 2022(3) dt.09-02-2023 2/3 is the main assailant who fired upon the brother of the informant and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 16.07.2022. Learned counsel for the informant and learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the aforesaid facts, 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 where the case is pending in connection with Bhagwan Bazar P.S.Case No.352 of 2022 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

Patna High Court CR. MISC. No.57358 of 2022(3) dt.09-02-2023 3/3 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