Nandan Kumar Singh @ Nandu @ Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41241 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Nandan Kumar Singh @ Nandu @ Nandan Singh Son Of Late Umesh Singh Resident Of Postal Park, Road No. 3, Near Kali Mandir, P.S. - Jakanpur, Distt. - Patna.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Agamkuan P.S. Case No. 242 of 2023 registered for the offence under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act and Section 37 of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 10.03.2023.

5. The allegation against the petitioner is to involve in preparation for committing dacoity and while preparing, he

Patna High Court CR. MISC. No.41241 of 2023(2) dt.20-07-2023 2/3 found in possession of one loaded country made pistol alongwith three live cartridges and one iPhone, where other coaccused were also alleged to be found in drunken condition.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner cannot be implicated with allegation as raised through present FIR i.e. preparation for committing dacoity merely on the ground that he found in possession of one country made loaded pistol and three live cartridges. It is submitted that the legal ingredients as to established a prima facie case for preparation for committing dacoity is altogether different which not appears to be convincing from given narration of FIR. It is submitted that subsequent to this case, petitioner was remanded in two more criminal cases, which only suggest police atrocities towards this petitioner and also to false implication with present case. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above and by taking note of fact as the implication

Patna High Court CR. MISC. No.41241 of 2023(2) dt.20-07-2023 3/3 for preparation for dacoity only appears prima facie due to recovery of firearms, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 10.03.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Agamkuan P.S. Case No. 242 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Patna City/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T