Subham Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81581 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- KARTAHA District- Vaishali ====================================================== Subham Singh aged about 19 years Male, Son of Prabhunath Prasad Singh R/o Village- Bagmusa, P.S.- Town (Hajipur), District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

12-12-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Kartaha P.S. Case No. 64 of 2018 registered for the offence under Sections 307,34 of the I.P.C. and Section 27 of the Arms Act. As per prosecution case, the petitioner and other two accused are said to have given fire-arm injury to the informant. It is submitted on behalf of petitioner that there is no specific allegation against the petitioner. On perusal of injury report, it appears that one fire-arm injury has been found on the person of the informant, whereas allegation of firing is against all the three accused persons. It is further submitted that petitioner and two other accused are son of Prabhu Nath Singh and all have been falsely implicated in this case due to previous enmity and dispute.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of arrest or surrender

Patna High Court CR. MISC. No.81581 of 2019(2) dt.12-12-2019 2/2 within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M. - 15, Vaishali at Hajipur in connection with Kartaha P.S. Case No. 64 of 2018 on the following conditions:

"(1) Petitioner shall cooperate 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 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T