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Patna High CourtCR. MISC./4094/2024allowed

Dhiraj Singh @ Dheeraj Singh v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4094 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- AMNAUR District- Saran ====================================================== Dhiraj Singh @ Dheeraj Singh S/o- Ranjeet Singh Village- Narayanpur PSBheldi District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that while the son of informant was going to Ara on his motorcycle, informant came to know that someone has shot his son, namely, Kunal Kumar Singh in the village Afahar, near the High School. After knowing this, informant along with co-villagers went to the spot and took his son to

Patna High Court CR. MISC. No.4094 of 2024(3) dt.21-03-2024 2/3 hospital but the doctor declared him dead.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up during investigation of this case, on the instance of his self confessional statement before the police, that murder of the informant's son was committed by co-accused Om Prakash Singh @ Lilua on the order of petitioner and wife of deceased, namely, Kajal Kumari. Moreover, the petitioner is languishing in judicial custody since 28.07.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.4094 of 2024(3) dt.21-03-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Amnaur P.S. Case No. 172 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Saran, Chapra.

(Sunil Kumar Panwar, J) Nirajkrs/- U T