Patna High CourtCR. MISC./12935/2024bail granted

Karu Singh @ Nayan Kumar Singh @ Nayan Kumar v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12935 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Karu Singh @ Nayan Kumar Singh @ Nayan Kumar S/O Guddu Singh @ Santosh Kumar @ Santosh Kumar Singh R/O Village- Paharpur, Lohchi, P.SHaveli Kharagpur, Distt.- Munger. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjeet Patel, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Haveli Kharagpur (Shampur) P.S. case No. 311 of 2023 instituted for the offences under Sections 341, 342, 323, 385, 387 and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons including the petitioner threatened the son of the informant to withdraw the earlier case lodged by the informant against them.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. From perusal of the F.I.R., it appears that there is no ingredients of Section 387

Patna High Court CR. MISC. No.12935 of 2024(2) dt.04-03-2024 2/2 of the Indian Penal Code. There is land dispute between the parties. The present false case has been lodged only with an intention to harass the petitioner. There is no direct allegation alleged against the petitioner. The petitioner is in custody since 14.11.2023 and has two criminal antecedents in which he is on bail. Similar co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 19.02.2024 passed in Cr. Misc. No. 8384 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Haveli Kharagpur (Shampur) P.S. case No. 311 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T