Nanhku Singh @ Nanhak Singh @ Raushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6149 of 2018 Arising Out of PS. Case No.-130 Year-2012 Thana- SHEOHAR District- Sheohar ====================================================== Nanhku Singh @ Nanhak Singh @ Raushan Singh, Son of Late Mahendra Singh, Resident of Village- Gonahi, P.S.- Patahi, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. SRI ASHOK KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Sessions Trial No. 29 of 2017 arising out of Sheohar P. S. Case no. 130 of 2012 registered for the offences punishable under Sections 302 r/w 34 of the Indian Penal Code. Informant is brother of deceased, who in his written complaint has stated that on 8.8.2012 he was in Sheohar Bazar when he got information that his brother Sanjay Kumar Pandey had been shot by criminals and he was in critical condition and had been admitted to Sheohar Sadar Hospital. It has further been alleged that while his brother was returning at 7 P.M. from Sheohar Bazar accompanied with one Raghuvir Paswan, three assailants on motorcycle came there and started indiscriminate

Patna High Court Cr.Misc. No.6149 of 2018(4) dt.27-02-2018 2/3 firing on his brother and thereafter he was carried to hospital and subsequently died. It has further been alleged that his brother was District Chairman of Lok Jan Shakti Party and due to political rivalries he was killed by unknown assailants in a conspiracy. Name of petitioner has surfaced in this case on the basis of statement recorded during investigation in which some witnesses have named petitioner that he was also one of the assailants. It has further been alleged that two co-accused Chanchal Kumar and Sumant Kumar Singh, who have been identified as assailants, have named petitioner in their confession. Petitioner has never been put on TIP although the person accompanying his brother and one witness has claimed that he could identify the assailants. Except statement of witnesses at subsequent stage of investigation, there is nothing against this petitioner. Two co-accused Bhuwan Sah and Sumant Kumar Singh have already been granted bail vide Cr. Misc. no. 22053 of 2013 and Cr. Misc. no. 5509 of 2013 respectively.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Ist Additional

Patna High Court Cr.Misc. No.6149 of 2018(4) dt.27-02-2018 3/3 District and Sessions Judge-cum-Special Judge, Sheohar, in connection with Sessions Trial No. 29 of 2017 arising out of Sheohar P. S. Case No. 130 of 2012.

(S. Kumar, J) sudip/- U T