Dharmendra Singh @ Dharmendra Singh, Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29848 of 2015 Arising Out of PS.Case No. -77 Year- 2005 Thana -LAKHISARAI District- LAKHISARAI ======================================================
1. Dharmendra Singh @ Dharmendra Singh, Mukhiya Son of Late Bishundeb Singh resident of village - Balgudar P.S. & District - Lakhisarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 302, 120 (B) and 34 of the I.P.C and section 27 of the Arms Act.
This is a case of the year 2005. The petitioner is named in the First Information Report with the allegation that he being armed with rifle along with other co-accused also being armed with fire arm opened indiscriminate firing upon Pappu Singh, the nephew of the informant, causing his death as well as the death of Lakshman Sah.
Submission is of false implication and that due to the previous enmity and the village politics the petitioner has been
Patna High Court Cr.Misc. No.29848 of 2015 (5) dt.31-03-2016 2/2 implicated, there is no specific allegation and without any fault the petitioner is suffering in custody since 03.09.2014. The learned A.P.P. opposes prayer for bail by submitting that the petitioner has got criminal antecedent and he remained absconding since long.
In the facts and circumstances as stated above, considering the period of abscondance and further the allegation, at this stage I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Lakhisarai P.S. Case No. 77 of 2005/ G.R. No. 183 of 2005 pending in the court of C.J.M. Lakhisarai.
However, the petitioner may renew his prayer for bail after framing of charge.
(Jitendra Mohan Sharma, J) Abhay/- U T