Kunkun Singh @ Mithlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10909 of 2024 Arising Out of PS. Case No.-361 Year-2023 Thana- KHAIRA District- Jamui ====================================================== 1.
Kunkun Singh @ Mithlesh Singh S/O Murari Singh R/O Village- Dhobghat, P.S- Khaira, Distt.- Jamui 2.
Niwas Singh @ Nunu Singh S/O Murari Singh R/O Village- Dhobghat, P.SKhaira, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Ranjan Singh For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Khaira P.S. Case No. 361 of 2023 dated 20.08.2023 registered for the offences punishable u/s 341, 323, 307 read with section 34 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, the Petitioner No. 1 Kunkun Singh and the co-accused person are alleged to have fired a bullet on the informant due to which he sustained injury on his left abdomen. In the meantime, when wife of the informant namely, Nilam Devi came to rescue, then the
Patna High Court CR. MISC. No.10909 of 2024(4) dt.29-04-2024 2/3 Petitioner No. 2 Niwas Singh @ Nunnu Singh fired on her as a result of which his wife has also sustained injury. On the basis of the above application the present F.I.R. has been registered.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Further it has been submitted that no injury report has been produced by the hospital till date. There is general and omnibus allegation against the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as well as the nature of allegation and the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Khaira P.S. Case No. 361 of 2023, with condition:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners are liable to cancelled.
Patna High Court CR. MISC. No.10909 of 2024(4) dt.29-04-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T