Patna High CourtCR. MISC./47679/2022bail granted

Nand Kishor Singh v. The State Of Bihar

2022-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47679 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== NAND KISHOR SINGH Son of Ram Iswar Singh Resident of Village Garhan, P.S.- Udwant Nagar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-147, 148, 149, 337, 338, 323, 307, 302, 504, 109, 506 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, a gun shot was fired upon the father of the informant namely Nepal Singh due to which, he sustained injury and succumbed to death.

It has been submitted that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 2103-2022. Charge sheet has already been submitted in this case. The

Patna High Court CR. MISC. No.47679 of 2022(2) dt.20-12-2022 2/2 petitioner has falsely been implicated in the present case. The allegation against the petitioner is to cause injury to Shivjee Singh. The allegation of assault to the deceased is against the co-accused namely, Sanjay Singh. At best, an offence under Section-307 of the Indian Penal Code is made out against the petitioner. The petitioner has remained in custody for approximately more than nine months. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 124 of 2022.

(Sudhir Singh, J) A.K.V.//- U T