Nagendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64915 of 2024 Arising Out of PS. Case No.-401 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Nagendra singh S/o- Late Prabhu Singh Village- Mukundpur Singhara PSMahua District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Mahua P.S. Case No. 401 of 2022 registered for the offences punishable under Sections 302 and 201/34 of the IPC.
3. As per prosecution case, informant's daughter who is said to have been married with one Nagendra Singh, informed the informant telephonically that her life is in danger. On the very next day, informant's daughter has been murdered. It is further alleged that petitioner and others are said to have committed the murder of informant's daughter, Shabnam Devi.
4. Learned counsel for the petitioner submits that petitioner is in custody since 27.08.2022. Petitioner bears criminal antecedent of one case and orally submits that
Patna High Court CR. MISC. No.64915 of 2024(3) dt.25-10-2024 2/3 petitioner is on bail in the said case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner submits that P.W. 3 who is informant of the case has not specifically suppported the case of prosecution and other P.W. nos. 1,2 and 4 have also not supported the story of prosecution. He further submits that there is no eye witness to the alleged occurrence. He further submits that petitioner is quite innocent and has committed no offence as alleged in the FIR.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named 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 learned Additional District & Sessions Judge-IV, Vaishali at Hajipur in connection with Mahua P.S. Case No. 401 of 2022,
Patna High Court CR. MISC. No.64915 of 2024(3) dt.25-10-2024 3/3 subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T