Nabal Panjiyara @ Nawal Kishore v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63030 of 2025 Arising Out of PS. Case No.-474 Year-2016 Thana- AMARPUR District- Banka ====================================================== Nabal Panjiyara @ Nawal Kishore S/o Late Mahendra Panjiyara R/o vill - Nagardih, P.S.- Fullidumar, Distt.- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Amarpur (Fullidumar) P.S. Case No. 474 of 2016 dated 13.11.2016 registered for the offences punishable under Sections 147, 148, 149, 302, 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 3, 4 of the Explosive Substances Act.
3. As per the prosecution case, the informant alleges that on the alleged date and time of occurrence, 70-80 miscreants armed with weapons surrounded the house of the informant and his cousin brother and the co-accused Jagdambi Panjiyara started firing and throwing bombs. Further, one of the
Patna High Court CR. MISC. No.63030 of 2025(2) dt.16-09-2025 2/3 co-accused shot from his rifle on the temple of the informant's cousin, due to which he died at the spot and the co-accused Jubli Panjiyara fired upon the informant which hit the right hand of the informant due to which he sustained two bullet injuries. It is further alleged that the petitioner and the other co-accused persons also made indiscriminate firing and subsequently, the present FIR has been lodged.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to previous land dispute. Nothing has been recovered from the conscious possession of the petitioner. The charge-sheet has been submitted against the petitioner. There is general and omnibus allegation against the petitioner. It is further submitted that the specific allegation of firing on the cousin brother of the informant is against the co-accused Jagdambi Panjiyara and the co-accused Jubli Panjiyara fired on hand of the informant. The petitioner has no concern with the alleged occurrence. The petitioner has nine criminal antecedents in which he is on bail in all cases except one criminal case as stated in para 3 of the bail petition. The petitioner is in custody in this case since 07.06.2025. The co-accused person has already been granted regular bail by this Court vide order dated
Patna High Court CR. MISC. No.63030 of 2025(2) dt.16-09-2025 3/3 29.08.2025 passed in Cr. Misc. No. 49223 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 474 of 2016, with following conditions:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T