Niranjan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36330 of 2023 Arising Out of PS. Case No.-335 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== NIRANJAN SINGH S/O ARJUN SINGH R/O Village. Bishanpur, P.S. Sikandra, Dist. Jamui ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 302, 392, 120B of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as per FIR is that on 06.12.2021 at about 11:30AM, while the informant was going to market from his house and when he reached near the field, he saw that his agnates named in the FIR, six in numbers, who were concealed themselves in a bush with deadly weapons, suddenly surrounded the son of the informant and started making indiscriminate firing. On hearing the sound of firing, the informant ran towards the place of occurrence and saw that all
Patna High Court CR. MISC. No.36330 of 2023(2) dt.03-07-2023 2/3 the accused persons, including the petitioner fleeing away from the place of occurrence and his son was lying there in the pool of blood.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the perusal of the FIR, it is evident that the informant is not an eye-witness to the alleged occurrence. The informant categorically stated that there was a land dispute with his elder brother namely, Arjun Singh and the accused persons are their agnates and due to which suspicion has been raised regarding the involvement of the petitioner in the present crime. During investigation, no specific material has come against the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 18.03.2023 passed in Cr. Misc. No. 35192 of 2022. He is languishing in judicial custody since 03.04.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.36330 of 2023(2) dt.03-07-2023 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Sikandra P.S. Case No. 335 of 2021.
(Sunil Kumar Panwar, J) arish/- U T