Bijendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66073 of 2022 Arising Out of PS. Case No.-262 Year-2019 Thana- MANSI District- Khagaria ====================================================== BIJENDRA SINGH S/O Late Ramrati Singh R/O Village- Dhanchhar, Ward No-2, P.S- Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mansi P.S. Case No. 262 of 2019 dated 27.11.2019 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner along with others are alleged to have opened fire as a result of which Pancha Singh sustained bullet injury on his left hand and left leg.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to admitted land dispute. He further submits that there is case and counter case between

Patna High Court CR. MISC. No.66073 of 2022(3) dt.28-04-2023 2/3 the parties. He further submits that the allegation as alleged in the F.I.R. is against the co-accused, Shambhu Singh who opened fire upon the victim. He further submits that the injury report of the injured suggest that the injury inflicted to the injured is on non-vital part of the body and the doctor has kept the nature of injury reserved. He further submits that there was no motive to kill the victim. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 09.06.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No.

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

Patna High Court CR. MISC. No.66073 of 2022(3) dt.28-04-2023 3/3 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 canceled 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.

And, further condition that the court below shall 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) brajesh/- U T