Siyaram Singh @ Siyaram Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71641 of 2022 Arising Out of PS. Case No.-253 Year-2022 Thana- HILSA District- Nalanda ====================================================== Siyaram Singh @ Siyaram Sharma S/o Ramashish Singh R/o Akbarpur, P.S.- Hilsa, Distt- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 22.08.2022 in connection with Hilsa P.S. Case No. 253 of 2022, F.I.R. dated 13.04.2022 for the offences punishable under Sections 341, 323, 307, 506/34 of the Indian Penal Code. Allegation against the petitioner is that he has inflicted the blow over the head of Matang Singh who is father of the informant with sword as a result of which he sustained injury over his head.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there is land dispute between the parties. He further submits that the

Patna High Court CR. MISC. No.71641 of 2022(2) dt.05-04-2023 2/3 allegation as alleged in the F.I.R. is that the petitioner has inflicted the blow over the head of Matang Singh who is father of the informant with sword as a result of which he sustained injury over his head. He further submits that the injury report of the Matang Singh does not support the allegation as alleged in the F.I.R. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 22.08.2022 The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 253 of 2022, subject to the following conditions:-

1. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the

Patna High Court CR. MISC. No.71641 of 2022(2) dt.05-04-2023 3/3 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 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) mdrashid/- U T