Nandan Singh @ Nadan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69262 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== NANDAN SINGH @ NADAN KUMAR S/o Krishna Mohan Singh @ Krishna Mohan Sharma @ Tali Singh R/o - Parsa, P.S.- Naubatpur, DistrictPatna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiw Kumar Prabhakar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare Mr. Nand Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 307/34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on the alleged date and time of occurrence, while the informant was going to Patna and reached near the house of his co-villager, Umesh Singh, two unknown miscreants riding on a motor cycle came there and the pillion rider shot fire upon him as a result he sustained bullet injury and one woman also got fire arm injury. It is further alleged that co-accused, Gautam Kumar, in connivance with this petitioner committed the alleged crime by hatching a conspiracy. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.69262 of 2021(2) dt.04-03-2022 2/2 that petitioner is innocent and has falsely been implicated in the case. It is further submitted that from perusal of the FIR it is apparent that petitioner is only alleged to be a conspirator. Specific allegation of firing is against other co-accused person. It is next submitted that at the time of alleged occurrence this petitioner was in custody in connection with Bihta PS case No. 379/2014. Petitioner is in custody since 22.03.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that petitioner is named in the FIR, he has got criminal antecedent and there is sufficient material against him in the case diary. Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-III, Danapur, Patna in connection with Naubatpur PS case No.69/2021.

(Prabhat Kumar Singh, J) BKS/- U T