Nabin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24071 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- Bhawanipur District- Bhagalpur ====================================================== Nabin Singh S/O Ambika Singh @ Bhumi Singh Resident of VillageManoharpur, P.S- Bhawanipur, District- Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranav Kumar Jha For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bhawanipur P.S. Case No. 01 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 333, 109, 103, 125(a), 352 of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, petitioner and others armed with deadly weapon came at the door of informant and started abusing the informant's son. It is alleged that co-accused Guddu Kumar fired which hit on the chest of informant's son and armpit of Sunita Devi. Thereafter, petitioner and others started pelting stones. It is alleged that after the occurrence informant's son and Sunita Devi were taken to hospital but informant's son was declared dead by the doctor.
Patna High Court CR. MISC. No.24071 of 2025(2) dt.30-04-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. He further submits that there is case and counter case between both the parties and on account of previous enmity petitioner has been falsely implicated in the present case. He further submits that there is no allegation of firing against the petitioner rather the allegation of firing is against co-accused Guddu Kumar and the postmortem report reflects that deceased died due to shock and haemorrhage caused by firearm injury. He further submits that there is no specific overt-act against the petitioner rather the same is general and omnibus in nature. Petitioner is in custody since 16.02.2025. He further submits that petitioner bears criminal antecedent of seven cases out of which in four cases he is on bail. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the
Patna High Court CR. MISC. No.24071 of 2025(2) dt.30-04-2025 3/3 prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Naugachia, Bhagalpur in connection with Bhawanipur P.S. Case No. 01 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T