Dhirendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5388 of 2020 Arising Out of PS. Case No.-748 Year-2019 Thana- BUXAR District- Buxar ====================================================== 1.

DHIRENDRA SINGH Son of Late Nageshwar Singh Resident of Village - Rehiyan, P.S.- Krishna Barahm, District- Buxar 2.

Pawan Kumar @ Pawan Kumar Singh Son of uma Shankar Singh R/O - Purana Bhojpur, P.S.- Dumraon, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudha Chandra For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan For the informant :

Mr. Nilesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 448, 307, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons were forcibly constructed boundary wall and when the informant reached there and protested, the accused persons,

Patna High Court CR. MISC. No.5388 of 2020(3) dt.28-05-2020 2/3 variously armed, started indiscriminate firing on him due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 22.10.2019. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is a case and counter case between the parties. The death is said to have taken place on the side of accused persons. The accused side has instituted case against the informant side under section 302 and other allied sections of the Indian Penal Code. Other co-accused has been granted bail vide order dated 27.02.2020 passed in Cr. Misc. No. 7067 of 2020.

On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, are directed to be released on bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with G.R. No. 2662 of 2019 arising out of Buxar

Patna High Court CR. MISC. No.5388 of 2020(3) dt.28-05-2020 3/3 (Town) P.S. Case No. 748 of 2019.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T