Nagendra Singh @ Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28358 of 2019 Arising Out of PS. Case No.-725 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== NAGENDRA SINGH @ NAGENDRA KUMAR Son of Sri Tirath Narayan Singh, Resident of Village- Chechaul, P.S. Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Son of the informant is said to have been gunned down by some unknown miscreant.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. There is nothing cogent on record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Sudhanshu Kumar which has no evidentiary value in the eye of law and it

Patna High Court CR. MISC. No.28358 of 2019(3) dt.05-08-2019 2/2 is not admissible against the petitioner. No incriminating article has been recovered from the conscious physical possession of the petitioner. He is not named in the F.I.R. He has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-XV cum A.C.J.M., Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 725 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T