Patna High Court – Orders
Shatrudhan Singh @ Shatruhan Singh @ … vs The State Of Bihar on 20 December, 2024
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66381 of 2024
Arising Out of PS. Case No.-596 Year-2019 Thana- MADHAURAH District- Saran
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Shatrudhan Singh @ Shatruhan Singh @ Shatrughan Singh @ Bhabhari Son
of Late Laxman Singh Village- Awari, P.S.- Madhourah, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ankur Prakash Sinha, Advocate
For the State : Mr. Anil Kumar, APP
For the O.P. No. 02 : Mr. Udai Shankar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-12-2024
Heard the learned counsel for the petitioner, learned
APP for the State and learned counsel for the O.P. No. 02.
2. This is the 3rd attempt of the petitioner. Earlier the
bail application of the petitioner was rejected vide order dated
18.01.2021 passed in Cr. Misc. No. 33322 of 2020 and vide
order dated 04.08.2023 passed in Cr. Misc. No. 45947 of 2023
respectively.
3. The petitioner seeks regular bail in a case registered
for the offence under Sections 147, 148, 149, 323, 325, 326,
379, 332, 333, 307, 302, 504, 120B of the Indian Penal Code
and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.
4. Till 04.08.2023, It was submitted by the learned
counsel for the informant that out of seven charge-sheeted
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witnesses, four have been examined. The petitioner is in custody
since 11.09.2019 i.e., for more than five years.
5. A report was called from the Trial Court. The Trial
Court vide its report dated 22.10.2024 has reported that 8
prosecution witnesses out of 10 witnesses named in the charge-
sheet has been examined. 23 witnesses who are named in the
case diary as witnesses of different activities of investigation are
not named in charge-sheet in which 6 witnesses have been
produced by the prosecution and same have been examined and
cross-examined. It is further reported that one year time is likely
to be taken for completion of trial.
6. The learned counsel for the petitioner has further
submitted that recently on 19.10.2023, the prosecution has filed
an application under Section 311 of the Cr.P.C. for examining 16
more witnesses.
7. Learned APP for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail
and have submitted that the Superintendent of Police, Saran be
directed to produce the witnesses in the trial.
8. Though it is a case double murder and earlier the
prayer for bail of the petitioner was rejected twice by this Court
but considering the fact that the trial is being delayed and also
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the fact that the petitioner cannot be kept indefinitely in jail
during pendency of this trial, this application is allowed.
9. Accordingly, 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 the learned 4th Additional Sessions Judge,
Chapra/concerned Court below in connection with
Madhaurah/Marhowrah P.S. Case No. 596 of 2019 subject to
condition that:-
(i). The petitioner will mark
his attendance at the Madhourah/
Marhowrah Police Station on every
Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall
appear in the trial regularly either
personally or through his lawyer and
shall cooperate in the trial and non-
cooperation in the trial shall result in
cancellation of the bail bond of the
petitioner.
(iii). The petitioner shall not
tamper with evidence. Any tampering
with evidence shall result in cancellation
of the bail bond of the petitioner.
10. The Superintendent of Police, Saran at Chapra
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will see to it that all the remaining witnesses all of whom are
police officials are examined on the dates fixed in the trial.
11. This application stands allowed.
12. Let a copy of this order be communicated to the
Superintendent of Police, Saran at Chapra through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T