Nawal Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30904 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== 1.

NAWAL KISHOR SINGH son of Late Saryu Singh R/o- Neema, PsBodhgaya, Dist- Gaya 2.

Amresh Kumar son of Ramanuj Sharma R/o- Chowar, Ps- Tankuppa DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 337, 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including these petitioners are said to have assaulted the informant with deadly weapons. They also took Rs. 10,000/- from the informant's pocket. Petitioner no.2 assaulted the informant by means of knife on his stomach, whereas petitioner no.1 assaulted him with stones and threatened him not to register the case otherwise

Patna High Court CR. MISC. No.30904 of 2023(3) dt.17-08-2023 2/3 he will be killed.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioner no.1 and the informant are co-villagers. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The present case has been filed with a view to grab the land in question. The injuries sustained by the informant are found simple in nature. Petitioner no.1 has no criminal antecedent, whereas petitioner no.2 has four criminal antecedents, 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, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.30904 of 2023(3) dt.17-08-2023 3/3 connection with Vishnupad P.S. Case No. 279 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T