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Patna High CourtCR. MISC./23194/2023allowed

Niranjan Kumar Singh v. The State Of Bihar

2023-09-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23194 of 2023 Arising Out of PS. Case No.-48 Year-2020 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== NIRANJAN KUMAR SINGH SON OF RAVI SHANKAR SINGH RESIDENT OF VILLAGE HARSER, PS- SIWAIPATI, DISTTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithlesh Prasad Singh For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner is said to have fired upon sister-in-law (Bhabo) of the informant resulting to her death.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the informant and the husband of the deceased have stated in their statement under

Patna High Court CR. MISC. No.23194 of 2023(3) dt.19-09-2023 2/2 Section 164 Cr.P.C. exonerating the liability of the petitioner of the alleged offence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case and the statement made under Section 164 Cr.P.C. by the informant and the husband of the deceased, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Siwaipatti P.S. Case No. 48 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T