Nawal Singh @ Nawal Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22932 of 2024 Arising Out of PS. Case No.-651 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Nawal Singh @ Nawal Kishore Singh S/o Jagdish Singh R/o Vill - Nadiyama, P.S. -Goradih (Sabour), Dist. - Bhagalpur ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Davendra Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2024 Heard learned counsel appearing on behalf of the petitioner and Mr. Navin Kumar Pandey, learned A.P.P. for the State.
2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Sabour (Goradih) P.S. Case No. 651 of 2023, registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against petitioner is to assault the informant and others alongwith co-accused persons, causing head and bodily injuries, having intention to cause their death, where occurrence is alleged to be arises out of land dispute.
Patna High Court CR. MISC. No.22932 of 2024(3) dt.12-07-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that allegation qua physical assault is appearing very much general and omnibus against petitioner, where from the narration of F.I.R., it appears that this is not a case of bodily injuries. It is submitted that the allegation is omnibus to open fire by petitioner, but it is nowhere appears out of narration of F.I.R. that same was caused with intention to cause death of informant and others. It is submitted that for the same set of occurrence petitioner's side also lodged a case, which has been registered as Sabour (Goradih) P.S. Case No. 652 of 2023.
5. Learned A.P.P. for the State, while opposing the prayer of bail, submitted that petitioner actively participated during the occurrence.
6. Considering the aforesaid facts and circumstances and by taking note of fact, as allegation qua opening fire is appearing very much general and omnibus against petitioner, which is appearing prima facie that same were not made with intention to cause death of informant in the background of land dispute, accordingly, above-named
Patna High Court CR. MISC. No.22932 of 2024(3) dt.12-07-2024 3/3 petitioner, in the event of his arrest or surrender before the learned trial court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur/concerned Court, where the case is pending in connection with Sabour (Goradih) P.S. Case No. 651 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) Rajeev/- U t