← Library
Patna High CourtCR. MISC./2603/2021dismissed

Nityanand Singh v. The State Of Bihar

2021-11-15Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2603 of 2021 Arising Out of PS. Case No.-54 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== 1.

NITYANAND SINGH 2.

Shailendra Singh Both are Son of Late Ram Nandan Singh 3.

Manoj Singh 4.

Sanjeet Singh Both 3 and 4 are Son of Late Ram Briksh Singh 5.

Hira Singh 6.

Kamakhya Singh Both 5 and 6 are S/o Late Rameshwar Singh All are Resident of Village - Naipur, P.S. - Bachwara, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner No. 4 Sanjeet Singh allegedly caused firearm injury at the finger of Sunil Singh. Other petitioners

Patna High Court CR. MISC. No.2603 of 2021(2) dt.15-11-2021 2/3 assaulted with lathi. There is case and counter case. Both sides have sustained injuries. Petitioners have got no criminal antecedent.

Considering the nature of allegation against petitioner no. 4 Sanjeet Singh, it is evident that he had knowledge that his act might cause death, hence, I am not inclined to enlarge him on anticipatory bail. Accordingly, his prayer for anticipatory bail is refused. He is directed to surrender within a period of two weeks and pray for regular bail before the learned court below. Let the petitioner nos. 1, 2, 3, 5 and 6, above named, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bachwara Police Station Case No.

54 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner nos.

Patna High Court CR. MISC. No.2603 of 2021(2) dt.15-11-2021 3/3 the learned court below shall be at liberty to cancel the bail bond of the petitioner nos. 1, 2, 3, 5 and 6.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner nos. 1, 2, 3, 5 and 6 shall not leave the country without permission of the learned trial court. (Birendra Kumar, J) Kundan/- U T