Shyam Bihari Singh @ Nand Bihari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82944 of 2024 Arising Out of PS. Case No.-243 Year-2024 Thana- NASRIGANJ District- Rohtas ====================================================== Shyam Bihari Singh @ Nand Bihari Singh, Son of Late Makuni Singh, R/o - Pokhraha, P.O - Lala Atimi, P.S - Nasriganj, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nasriganj P.S. Case No. 243 of 2024 instituted for the offence under Sections 109(3)(5) of Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The case of the prosecution is that the informant and the petitioner are agnates and they are having land dispute. On the date of occurrence, the husband of the informant and her son were sitting at their Poultry Farm. At that time, the accused persons along with 2-3 others being armed with country made pistol arrived there. Shyam Bihari Singh and Radha Balan Singh started shouting and on their
Patna High Court CR. MISC. No.82944 of 2024(2) dt.11-12-2024 2/3 order Vijay Narayan Singh @ Jaicky, Krishna Kumar and Bashisth Narayan Singh opened fire on the leg of the informant's husband due to which he received gunshot injury in his left leg.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics and land dispute. From perusal of the F.I.R., it is clear that petitioner is only the order giver. There is no specific allegation of any overt act against him. He is having one criminal antecedent and in that case he is on bail.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nasriganj P.S. Case No. 243 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the
Patna High Court CR. MISC. No.82944 of 2024(2) dt.11-12-2024 3/3 like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T