Naga Kumar @ Nagina Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18583 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- BADHAILA District- Rohtas ====================================================== 1.

Naga Kumar @ Nagina Singh Son Of Bashistha Singh @ Munna Singh Resident Of Village - Siyawank, P.S.- Baghila, Distt.- Rohtas. 2.

Raghu Nandan Kumar @ Raghunandan Singh Son Of Bashistha Singh @ Munna Singh Resident Of Village - Siyawank, P.S.- Baghila, Distt.- Rohtas. 3.

Ajit Singh Son Of Bashistha Singh @ Munna Singh Resident Of Village - Siyawank, P.S.- Baghila, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Baghaila P.S. Case no. 96 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 342, 504, 506, 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, while informant and his father went to temple for worship and chanting, several accused persons including the petitioners armed with deadly weapons surrounded the temple and forcefully entered into the temple. All the three petitioners caught hold the father of the informant and co-

Patna High Court CR. MISC. No.18583 of 2022(3) dt.22-11-2022 2/3 accused Bashistha Singh fire shot on his temple with close range as a result of which he fell down unconscious in pool of blood and was brought dead to hospital.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case due to dirty local village politics. Specific allegation of firing is not against the petitioners rather the same is against co-accused Bashistha Singh @ Munna Singh.

Learned counsel for the informant and learned APP appearing for the State have opposed the prayer of Bail and submitted that para 99 of the case diary shows that process of attachment of property of the petitioners has already been executed by the police and as per postmortem report, doctor has opined hemorrhage due to injury caused by fire arm injury. During investigation, several witnesses have supported the prosecution story. Having heard learned counsel for both the parties and considering the fact that petitioners are involved in the alleged occurrence, I am not inclined to grant bail to the petitioners and, as such, their application for anticipatory bail is rejected. (Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.18583 of 2022(3) dt.22-11-2022 3/3