Satyam Singh @ Satyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77406 of 2023 Arising Out of PS. Case No.-142 Year-2021 Thana- BUXAR District- Buxar ====================================================== SATYAM SINGH @ SATYAM KUMAR son of Shambhu Singh @ Shambhu Nath Singh Village- Badki Kothia Ps- Buxar Industril Buxar A/P- MohallaBaba Nagar Buxar Ps- Buxar Muffasil Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Buxar Town P.S. case No. 142 of 2021 instituted for the offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. .
3. Prosecution allegation, in short, is that when the informant went to open his shop then crowd assembled at the shop informed that three motorcycle bound criminals fired upon his shop and fled away towards west which was recorded in the camera.
4. It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. The petitioner has
Patna High Court CR. MISC. No.77406 of 2023(2) dt.05-12-2023 2/3 falsely been implicated in the present case. The petitioner has three criminal antecedents in which he is on bail. The name of the petitioner has transpired on the basis of confessional of coaccused, namely, Anil Kumar @ Bittu Kumar. The petitioner has been remanded in the present case on 18.08.2023. The said co-accused namely Anil Kumar @ Bittu Kumar has been granted bail by a Coordinate Bench of this Court vide Annexure-2 to this application by order dated 11.05.2022 passed in Cr. Misc. No. 67200 of 2021.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Town P.S. case No. 142 of 2021 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.77406 of 2023(2) dt.05-12-2023 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Pankaj/- U T