Satendra Singh @ Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67082 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== Satendra Singh @ Satyendra Singh Son Of Late Suryadeo Singh @ Surya Dev Singh R/O Village- Dhanaw, P.S.- Nabinagar, Dist.- Aurangabad (BIHAR) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Krishana Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mrs. Alka Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2022 Heard Mr. Krishna Prasad Singh, the learned Senior Counsel for the petitioner, the learned APP for the State as well as Mrs. Alka Singh, the informant in virtual court proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in judicial custody since 16.9.2021 in connection with Nabinagar P.S. Case No. 177 of 2021 under sections 307, 379, 447, 341, 323, 324, 504, 506 read with section 34 of the Indian Penal Code.

As per the allegation in the FIR, when the informant was cultivating his land, it is alleged that the petitioner herein along with co-accused Rajendra Singh and Dhiraj Singh objected to it and later assaulted him. The

Patna High Court CR. MISC. No.67082 of 2021(2) dt.13-05-2022 2/3 allegation has been made against Dhiraj Singh that he opened fire but the informant hid himself behind a tractor. The further allegation against this petitioner is that he gave a 'sword' blow on the hand of the informant injuring him. The allegation that has been levelled against Rajendra Singh is that he gave 'lathi' blow and also snatched Rs. 2000/-.

The learned Senior Counsel submits that although the allegation is of giving the 'sword' blow on the hand of the informant, the injury report which he has brought on record as Annexure-2 shows that injury has been caused by hard blunt substance which according to him is attributed to accused Rajendra Singh who had given 'lathi' blow to the informant. He further submits that Rajendra Singh has already been granted the privilege of anticipatory bail.

Considering all the aforesaid facts as also that he is in jail since 16.9.2021 and charge-sheet stands submitted; this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M-I, Aurangabad, in connection with Nabinagar P.S. Case No. 177 of 2021 subject to the following conditions:-

Patna High Court CR. MISC. No.67082 of 2021(2) dt.13-05-2022 3/3 (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her 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 reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T