Nanda Singh @ Nanda Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52216 of 2021 Arising Out of PS. Case No.-809 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== NANDA SINGH @ NANDA KUMAR SINGH S/o- LATE BHARAT SINGH Resident of Village- Lolpokhar Digha, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Adv.
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard the parties.
Petitioner seeks regular bail in connection with Hajipur Sadar PS Case No. 809 of 2019 registered for the offence under Sections 341 / 323 / 307 / 34 of the IPC and Section 27 of the Arms Act.
As per the first information report the petitioner along with other accused persons, total 09 in number, arrived at the door of the informant and took the brother of the informant namely, Bablu Kumar along with them and brother of the informant did not return. In course of search the informant came to know that persons named in the F.I.R. including the petitioner have shot his brother and threw him in a ditch near
Patna High Court CR. MISC. No.52216 of 2021(3) dt.19-05-2022 2/3 railway line.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of F.I.R. lodged by the informant and the statement of his brother Bablu Kumar, who alleged that petitioner had fired upon him. Learned counsel further submits that during the course of investigation it has been found that the victim - Bablu Kumar did not receive any fire arm injury which would be evident from the injury report attached with the case diary. The petitioner is in custody since 20/7/2021.
Learned counsel for the State confirms that in the case diary no fire arm injury is there as per the injury report. Regard being had to the submissions made by the parties, taking into consideration the fact that no fire arm injury has been found by the doctor as evident from the injury report, the petitioner is in custody since 20.07.2021 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection
Patna High Court CR. MISC. No.52216 of 2021(3) dt.19-05-2022 3/3 with Hajipur Sadar PS Case No. 809 of 2019. (Anil Kumar Sinha, J) praful/- U T