Patna High CourtCR. MISC./44161/2017disposed

Bhubneshwari Nandan Singh v. The State Of Bihar

2017-11-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44161 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -BATHNAHA District- SITAMARHI ====================================================== Bhubneshwari Nandan Singh, Son of Maheshwari Nandan Singh, R/o Village- Kishanpur, P.S.- Bthanaha, District- Sitamarahi. .... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Rani Kumari For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bathnaha P.S. Case No. 141 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act. Allegation against the accused persons, including the petitioner is of indiscriminate firing on the deceased causing injury to him.

Submission of learned counsel for the petitioner is that though there is allegation of indiscriminate firing but only one injury was found on the person of deceased and he is in custody for four months. Further submission is that a title suit is pending between the parties.

Patna High Court Cr.Misc. No.44161 of 2017 (3) dt.06-11-2017 2/2 Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating prayer for bail of co-accused has been rejected by this Court. Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage.

However, considering the age of the petitioner, this application is being disposed of with a direction to the court below that once charge has been framed in this case, the court below will release the petitioner on bail to his own satisfaction. (Vinod Kumar Sinha, J) spal/- U