Nabin Singh @ Navin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65312 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Nabin Singh @ Navin Singh S/o Bhupi Singh @ Bhupendra Singh Resident of Village- Punhad, P.S- Ghanshyampur, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP For the Informant :
Mr. Pankaj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-09-2024 Heard Mr. Ram Niwas Prasad, learned counsel for the petitioner, Mr. Pankaj Kumar Jha, learned counsel appearing on behalf of the informant as well as Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.04.2024 in connection with Ghanshyampur P.S. Case No. 150 of 2023, F.I.R. dated 19.06.2023 for the offences punishable under Sections 341, 323, 354A, 307, 504, 506/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code added.
3. According to prosecution case, this petitioner along with co-accused brutally assaulted the informant and her husband and daughter. It is further alleged that this petitioner
Patna High Court CR. MISC. No.65312 of 2024(3) dt.27-09-2024 2/3 has assaulted on the head of the husband of the informant by means of lathi due to which he died.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land dispute and petitioner and the informant are agnate. He further submits that although there is specific allegation against the petitioner but there is no intention to kill the deceased. He further submits that the date of occurrence is 17.06.2023 but the present F.I.R has been instituted n 19.06.2023 i.e. after delay of two days without giving any explanation of the said delay.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and it appears from the F.I.R that there is direct and specific allegation against the petitioner that he has assaulted the husband of the informant (deceased) on his head by means of lathi due to which he died and the postmortem report also supports the allegation as alleged in the F.I.R.
6. Considering the aforesaid facts and circumstances that there is direct and specific allegation against the petitioner supported by the medical evidence, I am not inclined to enlarge
Patna High Court CR. MISC. No.65312 of 2024(3) dt.27-09-2024 3/3 the petitioner on bail in connection with Ghanshyampur P.S. Case No. 150 of 2023 pending in the court of learned Additional Chief Judicial Magistrate II, Biraul, Darbhanga.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Vanisha/- U T