Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42578 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== NAND KISHORE SINGH S/O MAHENDRA SINGH R/O VillageHusenaraghav, PS. Vaishali, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Vaishali P.S. Case No. 32 of 2023 instituted for the offence under Sections 307, 120(B) of the Indian Penal Code and Sections 25(1b)a, 26, 27 of the Arms Act.

3. As per allegation in the FIR, the informant alleged that while his father Bharat Prasad Singh was sitting at the gran godown, meanwhile the petitioner came and took the pistol from his waist and shot upon chest of the informant's father due to which he sustained to injury. The petitioner was arrested from whose possession, one pistol along with khokha was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner is owner of a piece of land situated in front of informant's godown

Patna High Court CR. MISC. No.42578 of 2023(9) dt.08-02-2024 2/2 for which the informant and his brother put pressure to sell but the petitioner was not ready to sell the land and for that reason, he has falsely been implicated in this case. The petitioner is languishing in judicial custody since 31.1.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who has specifically been alleged to fire upon the father of the informant due to which he sustained gunshot injury. The medical report of the informant's father annexed at para 33 of the case diary as well as in counter affidavit also corroborates the prosecution case. It is also submitted that witness of the case supported the prosecution case. The petitioner has got one criminal antecedent.

6. Having heard the learned counsel for the parties and considering the direct allegation of firing against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T