Nunubabu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.2368 of 2017 (2) dt.03-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2368 of 2017 Arising Out of PS.Case No. -119 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ====================================================== Nunubabu Singh, Son of Late Upendra Singh, Resident of Village- Garh Laxmipur, Police Station- Barahiya, District- Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Raju, Advocate. For the Opposite Party/s : Mr. Sri Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Barhiya P.S. Case No. 119 of 2015 registered under Sections 324, 307 and 506/34 of the Indian Penal Code and section 27 of the Arms Act. The accusation is that four persons named in the F.I.R. including the petitioner and 3-4 unknown persons came at the door of the informant armed with rifle and pistol and started firing, in which, informant sustained firearm injury at his left hand and fell down. Thereafter, people started to gathering at the place of occurrence then all accused persons threatened them of dire consequences in case of giving evidence in criminal case. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.2368 of 2017 (2) dt.03-02-2017 petitioner has falsely been implicated in this case due to dirty village politics. It is further submitted that while the allegation against the petitioner and others is to make indiscriminating firing at the informant but only one firearm injury is said to be found at the left hand of the informant. Moreover, the two injuries as found on the person of the informant, are simple in nature, caused by hard and blunt substance. It is further submitted that petitioner is in custody since 30.11.2016.

Having regard to the facts and the circumstances of the case, 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 Chief Judicial Magistrate, Lakhisarai, in connection with Barhiya P.S. Case No. 119 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T