Siya Nand Nonia @ Shiya Nand Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1693 of 2019 Arising Out of PS. Case No.-344 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Siya Nand Nonia @ Shiya Nand Nonia S/o Saitalish Nonia @ Santalish Prasad, resident of village Faridpur, P.S.- Naubatpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Prasad For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2019 This is an application for grant of anticipatory bail in connection with Naubatpur P.S. Case No. 344 of 2017, disclosing offences under Sections 302, 323, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. is that one co-accused person was threatening the informant for compromise the case and on the date of occurrence while the informant along with his son was coming then the petitioner along with other co-accused persons surrounded him and fired upon the son of the informant causing his death.

Submission of learned counsel for the petitioner is that no specific allegation of assault has been attributed against the petitioner and whatever motive is assigned and all allegations of firing in the F.I.R. that is against Vikash Nonia.

Patna High Court Cr.Misc. No.1693 of 2019(2) dt.24-01-2019 2/2 Further, he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur (Patna), in connection with Naubatpur P.S. Case No. 344 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T