Arun Singh @ Arun Kumar Sharma vs The State Of Bihar
2021 Latest Caselaw 1886 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 27602 of 2020
     Arising Out of PS Case No.-149 Year-2001 Thana- NAUBATPUR District- Patna
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Arun Singh @ Arun Kumar Sharma, aged about 63 years, Male, Son of Late Yugal Kishore Singh, Resident of Village - Tarari, PS- Naubatpur, District - Patna.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the State : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Amit Kumar Anand, learned counsel for

the petitioner and Mr. Ganesh Prasad Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner is in custody in connection with

Naubatpur PS Case No. 149 of 2001 dated 28.08.2001, instituted

under Sections 302/34 of the Indian Penal Code and 27 of the

Arms Act, 1959.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 12.12.2019 passed

in Cr. Misc. No. 82294 of 2019.

Patna High Court CR. MISC. No.27602 of 2020 dt.07-04-2021

5. The allegation against the petitioner and seven others,

as per the FIR, is of firing on the deceased leading to his death.

6. Learned counsel for the petitioner submitted that

though in the FIR, the informant, who is the son of the deceased,

has stated that he was an eye witness and has named the petitioner

and others having fired on his father, but the others have been

acquitted and in the trial of the petitioner, the informant has stated

that he had not named any person and had put his thumb

impression and what was written was not read out to him. Learned

counsel drew the attention of the Court to the earlier rejection

order dated 12.12.2019 and submitted that a major consideration

for rejection of the bail application of the petitioner was that he

was trying to evade the law and was finally arrested on

29.03.2019 and at that time, the period of custody was less than

nine months. Learned counsel submitted that now he is in custody

for more than two years and that even as per the allegation in the

FIR, he is stated to have fired hitting the deceased on the thigh.

Learned counsel submitted that other co-accused had been granted

bail after being in custody for much lesser periods.

7. Learned APP submitted that the petitioner has been

named by the informant as one of the persons who had filed on the

deceased. However, it was not controverted that as per the Patna High Court CR. MISC. No.27602 of 2020 dt.07-04-2021

allegation itself, the petitioner is said to have fired hitting the

deceased on the thigh and also with regard to the informant, in the

trial, himself having stated that he had not named any person and

had also not seen the occurrence.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional Sessions

Judge, IInd, Danapur, Patna in Naubatpur PS Case No. 149 of

2001 subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent Patna High Court CR. MISC. No.27602 of 2020 dt.07-04-2021

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T