Navin Singh @ Nabin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60243 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- SAMHO District- Begusarai ====================================================== NAVIN SINGH @ NABIN SINGH Son of Late Mahendra Pratap Singh Resident of Village - Samho Sarlahi, P.S. - Samho, District - Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Rachana Saraswati, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Samho P.S. Case No. 30 of 2020 for the offence registered under Sections 307/34 of the Indian Penal Code.
The allegation is regarding the petitioner and the coaccused person namely Dilip Singh having arrived at the house of the informant whereafter, they had asked the informant and his son to accompany them to their house and accordingly, the informant and his son had gone to the house of the petitioner and his brother Dilip Singh on horses. It is further alleged that subsequently, the informant and his son were told to get on their horses and go away and while they were doing so, the coaccused person namely Dilip Singh is alleged to have fired on the informant resulting in the informant being inflicted with fire arm injury.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the
Patna High Court CR. MISC. No.60243 of 2021(2) dt.31-03-2022 2/3 present case and he is languishing in custody since 02.08.2021. The learned counsel for the petitioner has, at the outset, referred to an order dated 21.05.2021 passed by a coordinate Bench of this Court in Criminal Misc. No. 10708 of 2021 to show that the co-accused person i.e. the brother of the petitioner who had fired on the informant, has already been granted bail. It is also submitted that the present case arises out of case and counter case and the counter case was lodged prior in time though it has been registered as Samho P.S. Case No. 31 of 2020. It is submitted that in course of investigation police did not find sufficient material and submitted a final form stating that the case was based on mistake of facts.
However, learned Magistrate has differed with the police report and now has taken cognizance. Pointing out to the injury report (Annexure-5) learned counsel submits that all the injuries have been found to be simple in nature. It is also submitted that in the case registered by the petitioner, the police has submitted a chargesheet against the informant of this case and cognizance has already been taken.
Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.60243 of 2021(2) dt.31-03-2022 3/3 case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the case of the petitioner stands on a better footing than that of the coaccused person who has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 Sub Judge-VI, ACJM-IV, Begusarai in connection with Samho P.S. Case No. 30 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T