Vinod Singh @ Vinod Kumar @ Anup Singh @ Anup Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60885 of 2022 Arising Out of PS. Case No.-590 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
Vinod Singh @ Vinod Kumar @ Anup Singh @ Anup Kumar Son Of Sri Rajendra Singh R/O Mohalla- Ratanpur, Ward No.21, P.S.- Sadar (BEGUSARAI), District- Begusarai 2.
Abhishek Kumar Son Of Sri Arun Kumar Singh R/O Mohalla- Ratanpur, Ward No.21, P.S.- Sadar (BEGUSARAI), District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 143, 341, 323, 447, 354, 307, 427 and 506 of the Indian Penal Code. According to the prosecution case, all the accused persons including the petitioners armed with pistol, lathi and rod came upon the land of the informant and trying to captured the land and on protest they all assaulted the informant as well as
Patna High Court CR. MISC. No.60885 of 2022(2) dt.19-12-2022 2/3 her family members and make them injured.
Learned counsel for the petitioners submits that the petitioner No. 2 has clean antecedent and petitioner No. 1 carries one more case other than the present one. He further submits that there is admitted land dispute between the parties and there is case and counter case between them. He further submits that the allegation against the petitioners is that they assaulted the informant and their family members. He further submits that the injury report of the informant and their family members suggests that the injuries are simple in nature caused by hard and blunt substance.
The learned counsel for the State has vehemently opposed the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Begusarai Sadar P.S. Case No. 590 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.60885 of 2022(2) dt.19-12-2022 3/3 Criminal Procedure and with other following conditions:-
1. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. If the petitioners 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 verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Vanisha/- U T