Nata Singh @ Nato Singh @ Binesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19951 of 2024 Arising Out of PS. Case No.-130 Year-2022 Thana- ASARGANJ District- Munger ====================================================== Nata Singh @ Nato Singh @ Binesh Prasad Singh S/O Ghutar Prasad R/O Village- Udhadihsultanganj, P.S- Sultanganj, Distt.- Bhagalpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Asarganj P.S. Case No. 130 of 2022 dated 12.08.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 302 of the I.P.C. and u/s 27 of the Arms Act.

3. As per the prosecution case, it is alleged that this petitioner along with other accused persons and 25 unknown persons have assaulted the husband of the informant, as a result of which he sustained injuries and fell on the ground. Thereafter, the accused persons took the husband of the informant to his village by dragging him, where he was shot dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.19951 of 2024(3) dt.17-05-2024 2/2 this case. There is general and omnibus allegation against the petitioner. There is no eye-witness of the alleged occurrence. There is no specific allegation of assaulting against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench vide order dated 04.08.2023 passed in Cr. Misc. No. 49107 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.12.2023.

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 period of custody, the petitioner abovenamed, 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, Munger in connection with Asarganj P.S. Case No. 130 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T