Rajendra Singh @ Nand Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30957 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== RAJENDRA SINGH @ NAND KUMAR SINGH SON OF LATE RAMDEVAN SINGH R/O-VILL-SABAJPURA, P.S.- DULHIN BAZAR, DIST.- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Dulhin Bazar P.S. Case No. 09 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 and 120 (B) of the Indian Penal Code along with 27 of the Arms Act. As per allegation, 13 named accused persons, equipped with lathi, danda and arms, attacked the husband of the informant. There is further allegation that co-accused Sanjeev Kumar @ Sanju, Ajeet Kumar and Subhash Kumar opened three fire shots at the person of husband of the informant. He was brought to the hospital where he was declared dead.
Patna High Court CR. MISC. No.30957 of 2022(3) dt.04-01-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is an old man of 67 years of age. The entire family members, including the agnates have been dragged falsely in this case. The specific allegation to open fire shot is on Sanjeev Kumar @ Sanju, Ajeet Kumar and Subhash Kumar. There is no allegation against the petitioner to inflict any assault on the person of the deceased. He has also submitted that the occurrence is stated to have taken place for rivalry due to election of ward member, but the petitioner was not a candidate of that election, rather his agnate was the contesting candidate, with whom the petitioner has no relation. He has also submitted that the petitioner is a person of clean antecedent.
On the other hand, the learned APP, Shri Shailendra Kumar has submitted that fire arm injuries have been found on the person of the deceased.
There is specific allegation on co-accused Sanjeev Kumar @ Sanju, Ajeet Kumar and Subhash Kumar that they have fired shot on the deceased. There is no allegation to inflict on the person of the deceased. He is an old person of clean antecedent. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.30957 of 2022(3) dt.04-01-2023 3/3 satisfaction of learned Court of Miss. Nevedita Kumari, J.M. 1st Class, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 09 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-Nirmal U T