Nityanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33640 of 2020 Arising Out of PS. Case No.-468 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== NITYANAND SINGH S/o Late Bhokhari Singh @ Tarkeshwar Singh @ Bansropan Singh R/o Village- Nathmalpur, P.S.- Barhara, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Kumar Singh, Advocate For the State :

Mr. Md. Arif, APP For the Informant :

Mr. Shiv Prasad Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Barhara P.S. case No.468 of 2019 registered under Sections 302, 386, 120B/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of C.J.M., Bhojpur at Ara.

Allegation is that the accused persons including the petitioner came and shoot on the chest of the brother of the informant, due to which he succumbed to the injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.33640 of 2020(3) dt.15-01-2021 2/2 falsely been implicated in the present case. There is no eye witness to the alleged occurrence. As per the postmortem report, there is one fire arm injury with wound of entry and wound of exit.

On behalf of the State and counsel for the informant, it is submitted that the petitioner is named in the F.I.R. The petitioner along with co-accused, namely, Ravi Singh is said to have fired upon the deceased. The postmortem report also suggests that the petitioner gave fire arms injury on the chest of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T