IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9035 of 2021

Arising Out of PS. Case No.-402 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua)

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SHIVA SINGH @ SHIVA JEE PATEL SON OF SHREE PRAMOD KUMAR

SINGH RESIDENT OF VILLAGE/MOHALLA- BHABHUA, WARD

No.20, POLICE STATION- BHABHUA, DISTRICT- KAIMUR AT

BHABHUA. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party

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Appearance :

For the Petitioner/s

:

Mr.Kali Prasanna Dubey, Advocte

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP.

For the Informant

:

Mr. Tribhuwan Narayan, Advocate

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

2

02-07-2021

At the very out set learned Counsel for the petitioner

submits that due to inadvertent typographical error instead of

“18.8.2020”, the date of petitioner’s arrest has wrongly been

mentioned as “27.9.2020”.

In view of sudden resurgence of COVID – 19 infection

there is limited functioning of the High Court and therefore the

matter has been listed for consideration through virtual mode.

Heard learned Counsel for the petitioner and the

learned APP for the State.

This Court would expect that the petitioner’s Counsel

would honour his undertaking in the instant proceedings regarding

supply of requisite court fee etc. within two weeks from the date he is

called upon to do so by the office.

Petitioner seeks bail in Bhabhua (Sonhan) PS Case No.

402 of 2020 registered under Sections 302, 34 of the IPC and

Section 27 of the Arms Act.

There is allegation that the accused persons have

opposed ploughing in the field by a tractor, which was being done by

the informant and his family members. There is allegation that one

Rameshwar Singh has fired from his rifle which hit elder brother of

the informant and the informant’s elder brother has succumbed to the

injuries.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No. 9035 of 2021(2) dt.02-07-2021

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allegations at best against the petitioner is of being part of the

unlawful assembly. By virtue of being family member he along with

all other family members have been involved in the dispute which

arises out of rival claim to a piece of land. Similarly situated co-

accused Binod Singh and Pramod Singh have been granted bail in Cr.

Misc. No. 79049 of 2021. Against the petitioner, there is no specific

overt act alleged and he has no criminal antecedent. FIR has been

lodged at different police station which is suggestive of the fact that

the informant is not an eye witness to the alleged occurrence.

Petitioner has been in custody since 18.8.2020.

Learned Counsel for the informant and the learned APP

have opposed the prayer for bail. It is alleged that there is allegation

of firing by unlawful assembly. The petitioner was also a party and

therefore he cannot escape his criminal liability

Considering the rival submissions as also the facts and

circumstances of the case, prayer for bail of the petitioner is allowed.

Let the petitioner above named 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 CJM Kaimur at Bhabhua in

Bhabhua (Sonhan) PS Case No. 402 of 2020 subject to the following

conditions:-

(i) That one of the bailors will be a close relative of the

petitioner who will give an affidavit giving genealogy as to how he is

related with the petitioner. The bailor will also undertake to inform

the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

date and if he fails to do so on two consecutive dates, his bail bond

will be lia