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Shankar Singh @ Shankar Kumar Singh v. The State of Bihar

Patna HC16 Feb 2022CR. MISC./11884/2021

Case brief

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What is this about?

The High Court of Patna granted anticipatory bail to the petitioner. Due to the third wave of the COVID-19 pandemic and unsuitable jail conditions, the Court ordered the petitioner's release upon surrender within four weeks, subject to personal bonds until normalcy is restored. A monetary bond with sureties is required once normalcy returns.

What did the court decide?

Petitioner released on personal bonds upon surrender within 12 weeks (personal) and subsequently 8 weeks (monetary) subject to conditions under S. 438(2) CrPC.

Shankar Singh @ Shankar Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11884 of 2021

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Arising Out of PS. Case No.-450 Year-2020 Thana- FORBESGANJ District- Araria

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======================================================

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SHANKAR SINGH @ SHANKAR KUMAR SINGH Son of Mithilesh Singh Resident of Village- Pithoura, P.S.- Narpatganj, Distt- Araria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr.A.G ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 16-02-2022

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Due to the third wave of COVID-19 Pandemic, the

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matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Sections 406, 420, 467, 468/34 of the Indian Penal Code.

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The prosecution allegation, in short, is that on suspicion, a search was made in which many ATM cards were

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Patna High Court CR. MISC. No.11884 of 2021(2) dt.16-02-2022 2/3

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recovered from the accused persons.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity. The name of the petitioner has transpired on the basis of disclosure made by the coaccused. There is no recovery of any incriminating articles from the possession of the petitioner.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

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Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from

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Patna High Court CR. MISC. No.11884 of 2021(2) dt.16-02-2022 3/3

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today, be released on anticipatory bail on his personal bonds to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 450 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

Shankar Singh @ Shankar Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shankar Singh @ Shankar Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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