Nishu Kumar Singh @ Chhotani Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5107 of 2021 Arising Out of PS. Case No.-142 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Nishu Kumar Singh @ Chhotani Singh aged about 30 years S/o Munnu Singh R/o Village - Majhariya, Dakshin Tola, P.S. - Buxar (Industrial Area), District - Buxar . ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party :
Mr. PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Buxar (Industrial Area) Police Station Case No. 142 of 2019 registered for the offences punishable under sections 307/34 and other allied sections of the Indian Penal Code 27 of the Arms Act. As per the prosecution case, petitioner is alleged to have fired from his pistol as a result of which three persons including the informant sustained fire arms injuries. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. There is no motive to cause injury to the informant and other injured persons. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner has got no criminal antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 8.7.2020 and Charge sheet has already been submitted.
Learned counsel for the State opposes the prayer for bail and submits that the petitioner is alleged to have fired causing gun shot injuries to three persons.
Considering the rival submissions of the parties,
Patna High Court CR. MISC. No.5107 of 2021(3) dt.22-06-2021 2/2 materials available on the record, prayer for bail of the petitioner refused.
(Prabhat Kumar Singh, J) Shashi U T