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Patna High CourtCR. MISC./6348/2021dismissed

Nandkishore Singh @ Nand Kishore Singh v. The State Of Bihar

2021-12-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6348 of 2021 Arising Out of PS. Case No.-450 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== NANDKISHORE SINGH @ NAND KISHORE SINGH Son of Bhoni Singh Resident of Vill.- Anandpur, Ward No. -26, P.S. Lohiya nagar, Dist. - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Thakur, Advocate Mr. Rajat Kumar Tiwary, Advocate Ms. Deepika Sharma, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP For the Informant :

Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard Mr. Rajat Kumar Tiwary, learned Advocate for the petitioner and Mr. Raj Kumar for the informant. The State is represented by Mr. Anil Prasad Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Town (Lohiya Nagar O.P.) P.S. Case No. 450 of 2020 dated 27.08.2020 instituted for the offences under Sections 341, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation against the petitioner is of firing from his weapon leading to injuries on the chest of the victim.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.6348 of 2021(3) dt.20-12-2021 2/2 submitted that apart from the informant and his family members, no other person has named the petitioner or have identified him. The neighbours of the victim have also not been examined by the police. There is a long pending dispute between the parties and the possibility of false implication of the petitioner cannot be ruled out. He has further submitted that the victim is an accused of several cases and he may have received such injuries in a different transaction. Taking advantage of such injuries, the prosecution has tried to frame the petitioner.

The petitioner happens to be a School Teacher. However, regard being had to the fact that there is a direct accusation against the petitioner of firing from his weapon leading to corresponding injury in the chest of the victim, I am not inclined to grant anticipatory bail to him.

Accordingly the prayer for anticipatory bail is rejected.

(Ashutosh Kumar, J) krishna/- U T