Nishan Singh @ Monu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4049 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

NISHAN SINGH @ MONU SINGH Son of Sri Tej Narayan Singh Resident of Village - parsurampur Jabdi, P.S. - Pirpainti, District - Bhagalpur. 2.

Prashant Singh @ Sonu Singh Son of Sri Tej narayan Singh Resident of Village - parsurampur Jabdi, P.S. - Pirpainti, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 448, 406, 420, 120(B), 307, 504, 506, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that the accused persons came to the house of the informant and surrounded him along with his brother whereafter the accused persons shot fire

Patna High Court CR. MISC. No.4049 of 2021(2) dt.26-07-2021 2/3 at the informant due to which he sustained injuries. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is no allegation of assault alleged against the petitioners. The allegation of assault is alleged against the co-accused namely Gopal Mandal. Except for this, there is no other substantive evidence to suggest that the petitioners have committed offence under Section 307 IPC. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M. -XI, Bhagalpur in connection with Pirpainty P.S. Case No. 43/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.4049 of 2021(2) dt.26-07-2021 3/3 eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T