Sharda Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15879 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- SANDESH District- Bhojpur ====================================================== SHARDA NAND SINGH S/o Late Chandrika Singh R/o village- Khalisha, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Mohd. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 120B of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

As per allegations in the FIR, it is stated by the informant that information was received that firing had taken place as a result of land dispute in which a number of persons had been injured. It is stated that on reaching the place of occurrence and on catching hold of some of the accused persons, some arms and ammunitions were recovered. One of the accused who was caught took the name of five other accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.15879 of 2021(2) dt.12-08-2021 2/2 that the petitioner has been falsely implicated in the case. For the alleged occurrence wherein the other accused persons had sustained injuries, another FIR being Sandesh P.S. Case no. 141 of 2020 has been registered. So far the allegation against the petitioner in the instant case is concerned, the only material that has transpired is the petitioner's name being taken by a coaccused before police. No incriminating article has been recovered from his possession. The petitioner is in custody since 2.5.2020 and investigation in the case has concluded. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Sandesh P.S. Case no. 139 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara. (Partha Sarthy, J) Prakash/- U