Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37940 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- NARAINPUR District- Bhojpur ====================================================== NIRAJ SINGH Son of Gorakh Singh @ Gorakhnath Singh Resident of village - Muradpur, Bhojhpur, Baghi, P.S. - Narayanpur, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Narayanpur P.S. Case No. 108 of 2022, registered for the offences punishable under Sections 326, 307, 34 of the Indian Penal Code and 27 of the Arms Act.

As per allegation, co-accused Rohit Singh, Yuvraj Singh and the petitioner were firing shot (celebratory firing) at the occasion of marriage as a result of which the informant Vinod Sav sustained injury on his right arm and a co-villager Manoj Sav also received injury on his left arm.

Learned counsel for the petitioner has submitted that the petitioner is innocent. He is under custody since 20.03.2023 and on exact similar footing co-accused Rohit Singh has been

Patna High Court CR. MISC. No.37940 of 2023(2) dt.05-07-2023 2/2 granted bail by a coordinate Bench vide Cr. Misc No. 11092 of 2023.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances as well as clean antecedent of the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Narayanpur P.S. Case No. 108 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T