Deo Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68253 of 2021 Arising Out of PS. Case No.-421 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== DEO NARAYAN SINGH Son of Dhora Singh Resident of Village - Balatar , P.s.- Bidupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 421 of 2021, for the offence punishable under Sections 147, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation made in the F.I.R. is that on the basis of information given by informant Nitish Kumar that altogether 16 persons named in the F.I.R, including the petitioner on the order of one Chhotu Kumar began to abuse and assault the informant at the time of occurrence, co-accused Hari Narayan Singh fired which hit the right thigh of the informant. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.68253 of 2021(2) dt.13-05-2022 2/3 submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that direct allegation of assault is against one Hari Narayan Singh, who has resorted to fire upon the informant on the order of co-accused Chhotu Kumar. In absence of any specific allegation of assault and taking into consideration the injury sustained, which not at the vital part of the body, the complicity of the petitioner in alleged commission of assault on the body of the informant cannot be sustained. The petitioner has clean antecedent and he is in custody since 06.10.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Having perused the allegation made in the F.I.R. it appears that direct allegation of firing on the body of the informant is against Hari Narayan Singh, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 421 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.68253 of 2021(2) dt.13-05-2022 3/3 immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T