Nityanand @ Nityanand Kumar @ Shashi Kumar @ Nityanand Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.719 of 2021 Arising Out of PS. Case No.-38 Year-2011 Thana- BELDOUR District- Khagaria ====================================================== Nityanand @ Nityanand Kumar @ Shashi Kumar @ Nityanand Singh Son of Ramotar Singh Resident of Village - Vihanpur Mali, P.S. - Beldaur, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Adv.
For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred the instant application for grant of regular in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. As per allegations in the F.I.R., eight accused persons including the petitioner herein fired indiscriminately leading to the death of the informant's brother. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. A number of witnesses including the wife of the petitioner, in course of investigation have made general allegations against the accused. The case of the petitioner stands on a similar footing to that of a
Patna High Court CR. MISC. No.719 of 2021(4) dt.12-08-2021 2/2 number of coaccused who have been enlarged on bail. He is in custody since 13.3.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties, it transpires that the allegations of indiscriminate firing by eight accused persons including the petitioner herein is supported from the contents of the postmortem report wherein at least five gunshot injuries have been found. This Court is not inclined to enlarge the petitioner on bail. The application is rejected. (Partha Sarthy, J) Bibhash U T