Nirantar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34131 of 2024 Arising Out of PS. Case No.-494 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nirantar Singh SON OF LATE RAM NATH SINGH RESIDENT OF VILLAGE- SOUTH EKWANA, P.S.- UDWANTNAGAR, DIST- BHOJPUR ... ... Petitioner/s
Versus
The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Udwantnagar P.S. Case No. 494 of 2023, registered for the offences punishable under Sections 302, 120(B)/34 of the IPC and 27 of the Arms Act.
3. As per allegation, the petitioner along with other accused persons, named in the FIR, came at the Khataal of the informant and started assaulting the informant and his father. Further, at the order of this petitioner, his son namely Kunal Singh fired upon the informant's father. Thereafter, the informant's father was rushed to the hospital where he died during course of treatment.
Patna High Court CR. MISC. No.34131 of 2024(4) dt.18-09-2024 2/3
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case, merely because he is father of the main assailant. His further submission is that the petitioner has been acquitted in other cases which have been mentioned in paragraph 3 of the petition.
5. On the other hand, the learned counsel for the informant as well as the learned APP for the State have opposed the prayer for bail and submitted that the occurrence had taken place in two parts. In first part, the main assailant had some altercation with the informant and in second part, the petitioner accompanied the main assailant and at the order of this petitioner, his son fired upon the deceased.
6. It appears that the son of this petitioner is the main assailant and the petitioner has been acquitted in other cases, pending against him. The petitioner is under custody since 04.12.2023.
7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with
Patna High Court CR. MISC. No.34131 of 2024(4) dt.18-09-2024 3/3 Udwantnagar P.S. Case No. 494 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) kundan/- U T