Nawal Singh @ Nawal Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72779 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Nawal Singh @ Nawal Kishore Singh Son of Late Nagendra Singh Resident of Vill- Bettauna, P.S.- Patahi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 511, 427 and 504 of the Indian Penal Code and Sections 25(1-b)a/26 of the Arms Act.
3. As per the prosecution story, the informant got information that the petitioner is plucking mangoes from his orchard. On objection, the petitioner fired his small gun upon the informant but the gun kitched. In the meantime, the informant attacked upon the petitioner and snatched the gun forcibly by which he sustained injury and the petitioner fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that both
Patna High Court CR. MISC. No.72779 of 2024(2) dt.17-10-2024 2/3 the parties have admitted land dispute and the illegal arms has been allegedly recovered from the possession of the petitioner by the police. The petitioner is in custody since 22.06.2024.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Patahi P.S. Case No. 154 of 2024, subject to following conditions:- (i) one of the bailor should be the family member/relative of the petitioner.
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
Patna High Court CR. MISC. No.72779 of 2024(2) dt.17-10-2024 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (S. B. Pd. Singh, J) Ankit Kumar/- U T