Shubham Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1345 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- AMBA District- Aurangabad ====================================================== SHUBHAM SINGH S/o Dharmendra Singh R/o Village- Balara, P.S.- Hariahrganj, Distt- Palamu (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr.Upendra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail, who is in custody since 20.08.2022 in connection with Amba P.S. Case No. 191 of 2022, F.I.R. dated 06.08.2022 registered for the offence punishable under Sections 302,307,34 of IPC and Section 27 of the Arms Act.
The prosecution case, in nutshell, is that on 05.08.2022 while the informant along with her husband, her brother and Chandan Kumar went to the market, in the meantime, four persons on two motorcycles came there and started indiscriminate firing causing injuries to her husband and Chandan Kumar, which proved fatal to her husband and injury to Chandan Kumar. Injured Chandan Kumar told the informant
2/4 that Akash Kumar Singh and Chunna Singh shot her husband and also recognized one Nand Kishore who was driving the motorcycle.
Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired on the basis of the confessional statement of the co-accused person, namely, Purushottam Kumar @ Purushutam Kumar and the self-confessional statement of the petitioner. Further submits that except the confessional statement of the co-accused person and selfconfessional statement of the petitioner, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and co-accused-Brajesh Kumar has been granted bail vide order dated 26.04.2023 passed in Cr. Misc. No.
3/4 since 20.08.2022.
Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries three more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
Considering the aforesaid facts, 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 learned C.J.M., Aurangabad in connection with Amba P.S. Case No. 191 of 2022, with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled 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.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at
4/4 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) Nitesh/- U T