Navin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50376 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== Navin Singh, Son of Late Ram Kawal Singh, Resident of Village - Kab, P.S.- Rani Talab, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh, Advocate Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of three weeks. The petitioner is apprehending his arrest in connection with Rani Talab P.S. Case No. 57 of 2022 registered for the offences punishable under Sections 341, 323, 307 and 504 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the informant and two other persons were going to their home and when they reached near the house of the petitioner Navin Singh, the

Patna High Court CR. MISC. No.50376 of 2022(2) dt.03-01-2023 2/3 petitioner started abusing them. On being objected, the petitioner and the other co-accused persons assaulted them with lathi and danda. In the meantime, the petitioner fired from his pistol on the informant with intent to kill the informant but it did not hit him. During investigation, two empty cartridges were recovered from the place of occurrence.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. There is case and counter case between the parties. Learned counsel has further submitted that the informant did not sustain any fire arm injury. The petitioner has got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.50376 of 2022(2) dt.03-01-2023 3/3 Judicial Magistrate-II, Danapur, Patna in connection with Rani Talab P.S. Case No. 57 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T