Dig Vijay Narayan Singh @ Nanhe v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50453 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
Dig Vijay Narayan Singh @ Nanhe Son of Krishna Kant Singh Resident of village - Khaira, P.s. - Saraiya, Distt. - Muzaffarpur 2.
Ran Vijay Narayan Singh @ Chhote Son of Krishna Kant Singh Resident of village - Khaira, P.S. - Saraiya, Distt. - Muzaffarpur ... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr.Vipin Kumar For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 323, 341, 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
3. The allegation against the petitioners along with others is of assaulting the informant. It is further alleged that the petitioner no. 1 open fired in the air and petitioner no. 2 shot
Patna High Court CR. MISC. No.50453 of 2023(4) dt.10-10-2023 2/3 three bullets to the daughter of the informant namely, Sapna Kumari due to which she sustained injury.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. According to prosecution case, petitioner no. 2 is alleged to be fired three bullets upon the daughter of the informant but as per injury report, it appears that only two entry wounds were found on the person of the injured. He further submitted that there is a contradiction between the prosecution case and the injury report. They are languishing in judicial custody since 06.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.50453 of 2023(4) dt.10-10-2023 3/3 satisfaction of the learned A.C.J.M.-IV, (West) Muzaffarpur in connection with Saraiya P.S. Case No. 261 of 2023. (Sunil Kumar Panwar, J) Arish/- U T