Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8776 of 2015 Arising Out of PS.Case No. -361 Year- 2013 Thana -PALIGANJ District- PATNA =========================================================== Dinesh Singh, Son of Late Jagarnath Singh, resident of village- Chakiya, P.S.- Paliganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 13-04-2016 Heard learned counsel for the parties.

The petitioner seeks bail in Paliganj P.S. Case No. 361 of 2013 dated 29.012.2013 instituted under Sections 307/147/148/149/323/504/326 of the Indian Penal Code and 27 of the Arms Act.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 21.08.2014 in Cr. Misc. No. 11268 of 2014.

Learned counsel submits that having clean antecedent, he is in judicial custody since 30.12.2013. It is further submitted that he is in Government service and was at his house in the night when the police came and arrested him on 30.12.2013 and if he had been guilty, he would have run away and not be present at his house. It is further submitted that even if the prosecution story is believed to be true as per the fardbeyan itself, the altercation was at the spur of the moment without there

Patna High Court Cr.Misc. No.8776 of 2015 dt.13-04-2016 2/2 being any premeditated mind to commit an offence. Learned counsel submits that the petitioner is ready to abide by any condition and as the chargesheet has been submitted, the petitioner may not be kept behind bars and he shall cooperate in the trial.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur, Patna in Paliganj P.S. Case No. 361 of 2013. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR CAV DATE Uploading Date Transmission Date