Nigam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73408 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== NIGAM SINGH S/O Ram Prakash Singh R/O Village- Barahiya, P.SBarahiya, District- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Nityanand, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Teghra P. S. Case No. 94 of 2022 dated 14.04.2022 registered for the offences punishable u/s 364, 34 of the Indian Penal Code and later on charge sheet has been submitted u/ss 364, 302, 34 and 120B of the Indian Penal Code.

As per the prosecution case, the accused persons are alleged to have abducted two sons namely Nikesh Rai and Chhotu Rai of the informant. Thereafter, one of the abducted

Patna High Court CR. MISC. No.73408 of 2022(2) dt.06-04-2023 2/3 sons namely Chhotu Rai returned to home and informed the informant that the named accused persons abducted them and they were taken to Diyara where accused persons assaulted them but somehow he managed to flee away from there. It is further alleged that the informant raised suspicion that his another son Nikesh Rai was killed by accused persons. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. The petitioner is not named in the F.I.R. The name of the petitioner has been dragged in this case on mere suspicion. Learned counsel has further submitted that the co-accused person has already been granted bail by co-ordinate Bench of this Court vide order dated 13.03.2023 passed in Cr. Misc. No. 47614 of 2022. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 15.07.2022.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

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

Patna High Court CR. MISC. No.73408 of 2022(2) dt.06-04-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Teghra P. S. Case No. 94 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T