Nunu Halwai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33606 of 2024 Arising Out of PS. Case No.-683 Year-2023 Thana- JAMUI District- Jamui ====================================================== Nunu Halwai, aged about 44 years, Gender-Male, Son of Naresh Sah @ Naresh Saw, Resident of Village- Lagma Nahar, P.S- Jamui ,District- Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jamui P.S. Case No. 683 of 2023 dated 21.11.2023 registered for the offences punishable under Sections 302, 120B of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, on 21.11.2023 at around 8.10 P.M. the informant's father who was an advocate clerk in civil court, Jamui was at his house, suddenly, one person called his father outside the house, and he heard a gun shot sound, when he came out side the house, he saw his father is lying on the ground in a pool of blood and one person is fleeing away from the place of occurrence. The informant

Patna High Court CR. MISC. No.33606 of 2024(2) dt.09-05-2024 2/3 further saw the co-accused Amit Sinha is standing just outside his house. He further alleged that prior to the alleged occurrence, on several occasions, the co-accused Amit Sinha gave threatening his father that he would kill him. The reason behind the occurrence is a land dispute, for which, a title suit is pending against the co-accused Amit Sinha.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. His name has sprung up in the present case, during the course of investigation, on the basis of his self confession made before the police. The similarly situated co-accused Amit Sinha has been granted bail by the learned court below itself passed in B.A. No. 977 of 2023 under order dated 09.12.2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 09.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.33606 of 2024(2) dt.09-05-2024 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui P.S. Case No. 683 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T