Patna High CourtCR. MISC./34550/2024bail granted

Niranjan Singh @ Niranjan Kumar v. The State Of Bihar

2024-05-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34550 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- Shahpur P.S. District- Nawada ====================================================== Niranjan Singh @ Niranjan Kumar Son of Umesh Singh @ Umesh Prasad Singh R/O Vill. Revra @ Rebra, P.S.- Shahpur, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmod Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shahpur P.S. Case No. 03 of 2024 instituted for the offences under Sections 341, 323, 325, 307, 448, 504 & 506/34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the accused persons including the present petitioner is of assaulting the wife and daughter-in-law of the Informant. It is alleged that the petitioner assaulted Saro Devi on her back and waist causing fracture.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.34550 of 2024(2) dt.06-05-2024 2/3 against him and has falsely been implicated in the present case. The petitioiner is the own nephew of the Informant. There is an admitted land dispute between the parties. He further submits that the F.I.R. has been lodged after lapse of inordinate delay of twelve days without any valid explanation for the same which falsifies the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.03.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the petitioner is named in the F.I.R. and there is specific allegation of assault against the petitioner and, thus, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shahpur P.S. Case No. 03 of 2024, subject to following conditions;

Patna High Court CR. MISC. No.34550 of 2024(2) dt.06-05-2024 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T