Nagmani Singh @ Nagmani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.974 of 2024 Arising Out of PS. Case No.-10 Year-2022 Thana- BHADAUR District- Patna ====================================================== Nagmani Singh @ Nagmani Kumar Son of Shrikant Singh @ Tauli Singh, Resident of Baruyane, P.S. - Bhadaur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2024 Heard Mr. Parmod Kumar, the learned counsel for the petitioner and Mr. Umanath Mishra, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with Bhadaur PS Case No. 10 of 2022, FIR dated 09.02.2022, registered for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code and under Section 27 of the Arms Act.

3.

According to prosecution case, one of the three accused persons, who were riding on a motorcycle, opened fire upon the father of the informant who died on the spot and the informant recognized the persons as Rajeev Kumar son of Arun Singh and Nagmani Singh son of Shreekant Singh @ Tauli Singh and Rajesh Kumar @ Mithu son of Ramanugrah

Patna High Court CR. MISC. No.974 of 2024(3) dt.09-04-2024 2/3 Singh.

4.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to previous enmity and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that from bare perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he has fired upon the father of the informant and apart from that number of witnesses have supported the case of the prosecution and petitioner criminal antecedent of one case other than the present one, but fairly admits that he is on bail in the pending matter. 6.

Considering the aforesaid facts and circumstances and the fact that there is direct and specific allegation against the petitioner that he has fired upon the victim, witnesses have supported the case of the prosecution and medical evidence also supports the allegation levelled in the FIR, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bhadaur PS Case No. 10 of

Patna High Court CR. MISC. No.974 of 2024(3) dt.09-04-2024 3/3 2022, pending in the Court of Judicial Magistrate 1st Class, Barh in Bhadaur.

7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T