Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3821 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -RUPASPUR District- PATNA ====================================================== Nagendra Singh Son of Late Deo Dhar Singh Resident of village - Jalalpur, P.S. Rupaspur, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh. Sr. Adv Mr. Krishna Chandra, Advocate For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) For the Informant : Mr. Vindya Keshari Kumar, Sr. Adv Mr. Deovind Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-01-2016 Heard learned counsels for the petitioner, State and the informant.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 326, 307/34, 120B of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the petitioner got the informant identified by two unknown persons and subsequently one of the unknown person caused firearm injury on the abdomen of the informant. It is alleged that the petitioner

Patna High Court Cr.Misc. No.3821 of 2016 (2) dt.25-01-2016 2/3 and others earlier threatened the informant.

It is submitted by learned senior counsel for the petitioner that the accusation has been levelled in the background of litigated relationship between the parties, the petitioner is the agnate of the informant and serious land dispute is going on between the parties.

It is submitted by learned senior counsel for the petitioner that the person who resorted to fire apprehended on the spot and subsequently who named the petitioner at whose behest he and other unknown was fired.

It is further submitted by learned senior counsel for the petitioner that no such admission of the apprehended accused has been incorporated in the First Information Report.

Considering the thrust of accusation against the co-accused who resorted to fire and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.3821 of 2016 (2) dt.25-01-2016 3/3 learned Additional Chief Judicial Magistrate, Danapur, District - Patna in connection with Rupaspur P.S. Case No. 209 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T