Nagin Chaudhri @ Ngina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69474 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- SALAKHUA District- Saharsa ====================================================== NAGIN CHAUDHRI @ NGINA Son of Jhamlal Singh Resident of village - Ghamsiya, P.S.- Morkahi, District - Khagaria at Present village - Kati, P.S.- Salkhua (Chiraiya OP), District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Salkhua P.S. Case No. 32 of 2021, registered for the offence punishable under Sections 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, 15-16 persons including 13 FIR named accused persons, arrived at the place of occurrence, surrounded the informant, informant's brother-inlaw (Dewar) and co-accused Raushan Yadav and thereafter Smit Yadav and Satyanarayan Yadav @ Pappu Yadav fired upon the brother-inlaw of informant on his head and neck, as a result of which he died.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.69474 of 2021(2) dt.04-03-2022 2/2 petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the confession of co-accused Bipin Yadav. Specific allegation of firing is against other co-accused persons and no specific overt act has been alleged against this petitioner. Petitioner is in custody since 02.08.2021. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Saharsa in connection with Salkhua P.S. Case No. 32 of 2021.

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