Abhijeet Singh Rajput @ Abhijeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65902 of 2023 Arising Out of PS. Case No.-278 Year-2021 Thana- SUPAUL District- Supaul ====================================================== Abhijeet Singh Rajput @ Abhijeet Singh S/O Late Harshbardhan Singh R/O Village- Gadh Baruari (EAST), P.S- Supaul.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv.
:
Ms. Meena Singh, Adv.
For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.Tr. No. 171 of 2023, arising out of Supaul Mahila P.S. Case No. 278 of 2021 lodged under Sections 324, 307/34 of the I.P.C. read with Section 27 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against two unknown accused persons against whom the allegation of firing by arms is there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that his name has been figured in this case due to the reason that the petitioner is accused in 13 criminal cases. Counsel submits
2/4 that in 6 criminal cases petitioner is acquitted and in six he is on bail in one case he is persuading for bail. Counsel submits that in the present case he is in custody since 12.08.2021. Counsel further submits that charge sheet and already filed and charges has already been framed.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering bail the antecedent of the petitioner shall also been taken into consideration.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-IInd, Supaul in connection with S.Tr. No. 171 of 2023, arising out of Supaul Mahila P.S. Case No. 278 of 2021, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other 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
3/4 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner 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 the bail bonds; and (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.
9. Speedy trial is constitutional vision of justice and with a view to fulfill that reason of the constitution, itt is directed to District and Sessions Judge, Supaul to do the needful so that all the following cases which is of same police station is triable by Magistrate shall run before the Magistrate and if triable by Sessions Judge is shall run before one Sessions Court. • Saharsa (Sadar) P.S. Case No. 1269/2018 • Saharsa (Sadar) P.S. Case No. 1270/2018 • Saharsa (Sadar) P.S. Case No.519/2019 • Saharsa (Sadar) P.S. Case No. 236/2021 • Saharsa (Sadar) P.S. Case No.104/2021 • Saharsa (Sadar) P.S. Case No.179/2021 • Saharsa (Sadar) P.S. Case No. 211/2021 • Bangaon P.S. Case No. 16/2021 • Bihra P.S Case No. 16/2021
4/4 • Bihra P.S Case No. 40/2021 • Saharsa (Sadar) P.S. Case No. 383/2021 • Saharsa (Sadar) P.S. Case No. 382/2021 • Sapaul P.S. Case No. 526/2019 (Dr. Anshuman, J.) Sunnykr/- U T