Pappu Singh Petitioner/s v. State Of Bihar Opposite Party/s.

Prabhat Kumar Singh, J.:— This matter is taken up for consideration through Video Conferencing.

2. Heard learned counsel for the petitioner and the State.

3. The petitioner prays for grant of regular bail in a case registered for the offence punishable under Sections 341/307/34 of the Penal Code, 1860 and Section 27 of the Arms Act.

4. As per the prosecution case, this petitioner is alleged to have fired upon the deceased as a result of which, during the course of treatment, he succumbed to his injuries.

5. It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case with mala fide intention due to local dirty politics and rivalry. It is further submitted that police after investigation submitted final form against this petitioner. Differing with the same, the Court below has taken cognizance under Section 341/304 and 34 of the Penal Code, 1860 and Section 27 of the Arms Act against all the accused persons named in the F.I.R. on protest petition filed on behalf of the informant. As a matter of fact, the informant Rupesh Kumar had contested Mukhiya election and the petitioner had supported him, but, informant lost the election and in the next election, wife of the petitioner contested as Mukhiya and won the Election and she is presently Mukhiya of Chhotki Tangraila Gram Panchayat and due to this reason, the informant developed enmity against the petitioner which resulted into rivalry. Informant is an accused in murder of one Dhiraj Kumar and Umashankar Sharma in the year 2017 and 2018 and in that case, this petitioner is a witness and only to take revenge, he has been falsely implicated in this case. It is further submitted that though he is accused in eight criminal cases, he has already been acquitted in four cases and in one case, final report has been submitted in which the petitioner has not been sent up. Investigation is complete. Petitioner is in custody since 06.01.2021.

6. However, learned counsel appearing on behalf of the Informant vehemently opposed the bail application and submitted that there is specific and direct allegation of firing against this petitioner as a result of which, the deceased died and on the protest petition, the Court below has taken cognizance against all the accused persons including this petitioner. It is further submitted that the petitioner has tried to conceal his criminal antecedents and he is accused in more than seven cases. This fact is also admitted by the petitioner in his supplementary affidavit.

7. Considering the facts and circumstances of the case and the fact petitioner is in custody since 06.01.2021, let the petitioner, mentioned above, 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 Sub Judge-VIII, Patna, in connection with Parza Bazar P.S. Case No. 316/2017, subject to 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.