Niroj Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Niroj Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to cooperation in the disposal of trial and availability as and when required by the court.

Issue for consideration

Whether the petitioner should be released on regular bail in connection with Sessions Trial No. 05 of 2023 arising out of Suraygarha P.S. Case No. 60 of 2015.

Court's answer

Petitioner ordered to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II, Lakhisarai, subject to the condition that he shall cooperate in the disposal of trial and make himself available as and when required by the court.

Ratio / Principle

Bail allowed considering that the informant, examined as P.W.-4, was declared hostile by the prosecution and did not name the petitioner, and that the petitioner had been in custody since 11.12.2022.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J), Criminal Miscellaneous No.60087 of 2024, oral order dated 05-09-2024: regular bail granted to Niroj Singh in connection with Sessions Trial No. 05 of 2023 arising out of Suryagarha/Suraygarha P.S. Case No. 60 of 2015, District Lakhisarai, registered for offences under Sections 147, 148, 149, 342, 324, 326, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, with Section 302 added later on. Allegation: petitioner, along with other accused armed with rifle and pistol, started firing due to which the brother-in-law of the informant sustained firearm injury. Grounds for bail: the informant, examined as P.W.-4, was declared hostile by the prosecution and did not name the petitioner; petitioner in custody since 11.12.2022. Released on bail bonds of Rs.10,000/- with two sureties of the like amount each before learned Additional District and Sessions Judge II, Lakhisarai, subject to cooperation in the disposal of trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60087 of 2024

Arising Out of PS. Case No.-60 Year-2015 Thana- SURYAGARHA District- Lakhisarai

======================================================

Niroj Singh Son of Nageshwar Singh R/V- Village- Nandpur, P.S.Suryagarha, Distt.- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 05-09-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 05 of 2023 arising out of Suraygarha P.S. Case No. 60 of 2015, registered for the offences punishable under Sections 147, 148, 149, 342, 324, 326, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act and Section 302 was added later on.

As per allegation, the petitioner along with other accused persons having armed with rifle and pistol, started firing due to which, the brother-in-law of the informant sustained firearm injury. The other accused persons also abused and assaulted the family members of the informant.

At the very outset, learned counsel for the

Patna High Court CR. MISC. No.60087 of 2024(3) dt.05-09-2024 2/2

petitioner has submitted that the informant has been examined as P.W.- 4 in Sessions Trial No. 5 of 2023 and she has been declared hostile by the prosecution. In her deposition, she did not name the petitioner. He is under custody since 11.12.2022.

Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II, Lakhisarai in connection with Sessions Trial No. 05 of 2023 arising out of Suraygarha P.S. Case No. 60 of 2015 , subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

priyanka/AKV

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