Shivan Singh vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Arun, learned counsel for the petitioner and Mr. Md Arif, learned Additional Public Prosecutor (hereinafter referred to as the

‘APP’) for the State.

The petitioner is in custody in connection with Raghopur PS Case No. 22 of 2020 dated 01.02.2020, instituted under Sections

147/148/341/323/324/325/307/354-A/379/504 of the Indian Penal Code.

The allegation against the petitioner and others is of assault and specifically against the petitioner; of giving one lathi blow on the jaw of the brother

of the informant.

Learned counsel for the petitioner submitted that the allegations are general and omnibus and that the blow was on the jaw, which is not a vital part

and the same was not repeated. It was further submitted that the incident is said to have occurred on 21.01.2020, but the FIR was lodged on

01.02.2020 i.e., after 10 days and the injury report is from a private hospital.

Learned APP submitted that the petitioner has caused injury on the jaw of the brother of the informant.

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

District and Sessions Judge-VII, Supaul in Raghopur PS Case No. 22 of 2020 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 on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.