Nand Kishore Singh @ Nandu v. The State Of Bihar Through C.B.I., Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11676 of 2021 Arising Out of PS. Case No.-2 Year-2016 Thana- C.B.I CASE District- Patna ====================================================== NAND KISHORE SINGH @ NANDU S/o Raj Nandan Singh, R/o Near Kurthaul, Yadav Chak, P.S.- Parsa, Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar through C.B.I., Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Y.C. Verma, Sr. Adv.
: Mr.Pratyush Pratap Singh, Adv.
For the Opposite Party/s :
Mr.Bipin Kr. Sinha, C.B.I.
For the State : Mr.Aditya Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2021 Heard the parties through virtual Court proceedings. Learned senior counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 120B, 420, 467, 468, 471 & 193 of the Indian Penal Code and Sections 13 (1) d of the P.C. Act.
Allegation against the petitioner is that he in association of other accused persons have tried to interpolate the impugned order, the order of wave copy of the Patna High Court order and after suppressing vital material fact in the petition. They succeeded to obtain bail from this Court.
Patna High Court CR. MISC. No.11676 of 2021(3) dt.15-09-2021 2/3 Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. The name of the petitioner transpired in this case only on the basis of confessional statement given by a co-accused. The petitioner is a handicapped person and his disability level is up to 80%. The both legs of the petitioner has been imputed to save his life and he is passing his life on prosthetic foot. This accident happened on railway track as is evident from Annexure-3 of the bail application. The petitioner is languishing in judicial custody since 19.10.2020. The petitioner has got one criminal antecedent, which is mentioned in para 3 of the bail petition.
Learned APP for the State vehemently opposed the prayer for bail application and submits that the petitioner has played an active role alongwith other accused persons in interpolation of documents through which they succeeded to obtain bail from this Court. Charge-sheet has been submitted in this case by the C.B.I.
Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner is a handicapped person and his disability level is up to 80%, let the petitioner,
Patna High Court CR. MISC. No.11676 of 2021(3) dt.15-09-2021 3/3 above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Special Case No. 6/2019, arising out of RC Case No. 2 (S) of 2016 to the satisfaction of learned Court below where the case is pending/ successor Court. However, it is made clear that this order should not be taken as a precedent in future.
(Anjani Kumar Sharan, J) amitkumar/- U T