Niwas Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69609 of 2021 Arising Out of PS. Case No.-315 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== NIWAS SINGH Son of Late Kapil Dev @ Kapo Singh Resident of Village - Madhavpur, P.S.- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Parbatta P.S. Case No. 315 of 2020 registered under Sections 447, 504, 506, 307 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in custody since 02.09.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that the accused persons including the petitioner came to the house of the informant and Niwas Singh Fired at Raja Kumar causing injury near the neck and Mohan Singh fired at Chotu Kumar causing injury on the waist and all the accused persons assaulted by lathi and danda, it is further alleged that the reason for the occurrence was that the son of the

Patna High Court CR. MISC. No.69609 of 2021(2) dt.11-05-2022 2/2 informant had seen the Niwas Singh harvesting the maize crop of the informant.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, allegation of firing is against Niwas Singh and Mohan Singh and allegation as per as the present petitioner is concerned is general and omnibus in nature and the occurrence as alleged emanated from a land dispute.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 02.09.2021, is a person with clean antecedent, chargesheet has been submitted in the case and there is no specific allegation of assault and firing against the petitioner, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parbatta P.S. Case No. 315 of 2020. (Satyavrat Verma, J) ved/- U T