Naresh Singh @ Funchun Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25255 of 2018 Arising Out of PS.Case No. -378 Year- 2017 Thana -PUNPUN District- PATNA ======================================================
1. Naresh Singh @ Funchun Singh son of Late Surendra Singh alias Surendra Prasad Singh
2. Anis Kumar @ Titu son of Late Raju Singh Both residents of Village - Marachi, Police Station - Punpun, District - Patna, State - Bihar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Shyam Kishore Sinha, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in Special Case No. 8227 of 2017 arising out of Punpun P.S. Case No. 378 of 2017 registered under Sections 341, 323, 324, 307, 354, 504 and 448/34 of the Indian Penal Code.
One misfire cartridge is said to have been recovered from the possession of the petitioner no.1 Naresh Singh @ Funchun Singh while a mobile phone from the possession of the petitioner no.2 Anis Kumar @ Titu. They were in inebriated condition and are said to have assaulted the informant and his wife intruding into his house and resorted firing.
Patna High Court Cr.Misc. No.25255 of 2018 (2) dt.25-04-2018 2/2 It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. No such occurrence as alleged ever took place. They have not consumed any liquor. No arm and live cartridge has been recovered from the possession of the petitioners. The injury sustained by the victim is simple in nature. They have no criminal antecedent. They have been languishing in custody since 18.11.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Patna cum Special Judge, Bihar Prohibition and Excise Act, Patna in connection with Special Case No. 8227 of 2017 arising out of Punpun P.S. Case No. 378 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T