Abhin Singh @ Abhinav Singh @ Avinav Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33088 of 2024 Arising Out of PS. Case No.-1 Year-2015 Thana- NASRIGANJ District- Rohtas ====================================================== Abhin Singh @ Abhinav Singh @ Avinav Yadav Son of Raja Ram Singh Resident of village - Indrahiyan, P.S. Sasaram (Muffasil), District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nasriganj (Rajpur) P.S. Case No. 01 of 2015 dated 06.01.2015 registered for the offences punishable u/ss 147, 148, 149, 323, 307, 302, 341, 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons along with three unknown persons holding with arms are alleged to have come near the house of Parsuram Singh and fired. On which, the informant's mother came out of the door, the co-accused, Nand Singh hit her face with the butt of the gun. In the meantime, informant's daughter came out of
Patna High Court CR. MISC. No.33088 of 2024(2) dt.07-05-2024 2/3 the door, the co-accused, Nand Singh shot her with a gun. The informant's daughter fell down. Thereafter, the co-accused, Dhanji Singh fired Premchand Singh but he saved himself anyhow. The accused persons fled away from the place of occurrence. The informant's daughter was taken to the hospital where she died.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is specific allegation of causing death of informant's daughter is against the co-accused, Nand Singh rather the allegation against the petitioner is general and omnibus. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 12.09.2023.
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 abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.33088 of 2024(2) dt.07-05-2024 3/3 concerned, Bikramganj, Rohtas in connection with Nasriganj (Rajpur) P.S. Case No. 01 of 2015, with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T