Dinesh Singh @ Dinesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5345 of 2023 Arising Out of PS. Case No.-198 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== Dinesh Singh @ Dinesh Prasad Singh S/O Bhaiya Ram Singh Resident of village- Paraiya, P.S.- Karakat, District- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Karakat P.S. Case No. 198 of 2022 registered for the offences punishable under Sections 341, 323, 307 of the Indian Penal Code and Section 25 (1-b)a/26 of the Arms Act. He has got one criminal antecedent.

As per the prosecution story, on 18.10.2022 at about 07:00 A.M., when the informant was returning from the shop of Sunil Sah, on his way, the petitioner put pistol on his neck and fired but did not cause any injury. In the meantime, shopkeeper and others arrived there and snatched pistol from his hand and thereafter produce before the SHO, Karakat.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no firing took place and no injury at all has been caused to any person.

Patna High Court CR. MISC. No.5345 of 2023(2) dt.16-05-2023 2/2 Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is submitted that the petitioner was produced before police by a private person, no firing took place and no injury at all has been caused to any person, this Court directs release of the petitioner above named on bail in the event of his arrest or surrender within a period of four weeks from today in connection with Karakat P.S. Case No. 198 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Bikramganj, Rohtas subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T