Nirmal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49491 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== NIRMAL KUMAR SINGH, aged about 25 years (Male), Son of Sarvanand Singh, Resident of Village - Bhupauli, P.S.- Udwant Nagar, Dist.- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar Singh, Advocate.

For the Opposite Party :

Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 12.07.2018 in a case for the offence registered under Sections 394, 414 of the IPC and 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that the petitioner and others were apprehended by nearby people when they were attempting to rob the Tractor of the informant. On search, one loaded country made pistol was recovered from possession of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to previous enmity. Charge sheet has been submitted in the present case. There is no allegation of

Patna High Court CR. MISC. No.49491 of 2019(2) dt.07-08-2019 2/2 tampering with the witnesses alleged against the petitioner. One loaded country made pistol is alleged to have been recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 4450 of 2019 under order dated 18.04.2019.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bikramganj at Rohtas, in connection with Bikramganj P.S. Case No. 273 of 2018.

(Sudhir Singh, J) U.K./- U T