Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84452 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nandan Singh S/o Late Rajendra Singh Resident of Mohalla- Rungata Gali, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Udwantnagar P.S. Case No. 102 of 2024 instituted for the offence under Sections 341, 323, 354, 307, 504, 506/34 of the Indian Penal Code.

3.

As per prosecution case allegation against the petitioner is of opening fire upon the informant due to which he sustained injury over a quarrel which took place one day before

Patna High Court CR. MISC. No.84452 of 2024(2) dt.11-12-2024 2/3 the occurrence in a dance programme.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-04-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that no occurrence as alleged in the FIR ever took place. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness in this case. It is next submitted that petitioner and informant both have previous enmity due to which he has been dragged in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is specific allegation of firing against the petitioner upon the informant due to which he sustained gun shot injury, which if found to be grievous in nature. 7.

Considering the aforesaid facts and circumstances of the case and there being direct allegation of firing against the petitioner, at this stage, this Court is not inclined to grant bail to the petitioner. Prayer is accordingly rejected.

Patna High Court CR. MISC. No.84452 of 2024(2) dt.11-12-2024 3/3 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T