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HIGH COURT OF PATNA
Mr. Justice Prabhat Kumar Singh
NAND KISHORE SINGH – Appellant
Versus
The State – Respondent
CR. MISC./44388/2021
BAIL - SECTION 307 IPC - REGULAR BAIL - LAND DISPUTE - INJURY ON NON-VITAL PART OF THE BODY - CHARGE SHEET SUBMITTED - BAIL GRANTED
Fact of the Case:
The petitioner was accused of firing on the informant twice, causing injury to his thigh, in a case registered under Section 307 and other ancillary sections of the Indian Penal Code and Section 27 of the Arms Act. The petitioner claimed innocence and alleged false implication due to a land dispute regarding ancestral property. The injury was caused on a non-vital part of the body, and the charge sheet had already been submitted.
Finding of the Court:
The court considered the facts and circumstances of the case, including the nature of the injury, the land dispute, and the submission of the charge sheet.
Issues: Whether the petitioner should be granted regular bail in a case of attempted murder (Section 307 IPC) and Arms Act violation (Section 27).
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the non-vital nature of the injury, the land dispute motive, and the fact that the charge sheet had been submitted.
Final Decision: The court allowed the petitioner's prayer for bail, directing his release on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44388 of 2021
Arising Out of PS. Case No.-91 Year-2021 Thana- BALIYA District- Begusarai
======================================================
NAND KISHORE SINGH Son of Late Rambaran Singh Resident of Village -
Meer Alipur, P.S.- Ballia, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Chandan Kumar Kashyap
For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3
03-01-2022
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case
registered for the offence punishable under section 307 and
other ancillary sections of the Indian Penal Code and section 27
of the Arms Act.
As per the prosecution case, petitioner twice fired on the
informant causing injury on his thigh.
Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. There is land dispute regarding ancestral property and
injury was caused on the non-vital part of the body. Petitioner
is in custody since 3.4.2021. Charge sheet has already been
submitted.
Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.44388 of 2021(3) dt.03-01-2022
2/2
the case, prayer for bail of the petitioner is allowed. Let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of Additional Sessions
Judge X, Begusarai in Ballia Police Station Case No. 91 of
2021.
Shashi
(Prabhat Kumar Singh, J)
U
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