Dharmdeo Singh @ Dharmdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55442 of 2015 Arising Out of PS.Case No. -111 Year- 2002 Thana -NAWANGAR District- BUXAR ======================================================

1. Dharmdeo Singh @ Dharmdeo Yadav S/o Basdeo Singh Yadav, resident of village- Mania, P.S.- Nawanagar (Sonbarsha O.P.), District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Md.Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2016 Supplementary affidavit has been filed on behalf of the petitioner disclosing further criminal antecedent of the petitioner. Let it be kept on the record.

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 147, 148, 149, 307, 324 and 302 of the I.P.C Allegedly, the petitioner and other FIR named accused persons being armed opened indiscriminate firing wherein the petitioner being armed with A.K-47 opened fire resulting the brother of the informant fell down and he succumbed to the injuries. It is also alleged that Kuwar Singh also received pellet injury and the miscreants fired on the police party also. Further,

Patna High Court Cr.Misc. No.55442 of 2015 (7) dt.18-04-2016 2/2 from the place of occurrence four empty cartridges of A.K.-47 were recovered.

Submission is of false implication and that the petitioner was residing out side the State to earn his livelihood. He has voluntarily surrendered on 18.09.2015 and since then he is in custody, other co-accused have been allowed bail by different Benches of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. seriously opposes by submitting that this is a case of the year 2002 and the petitioner remained absconding for 13 years, the petitioner has also got criminal antecedent and further there is allegation that the petitioner opened fire with A.K-47 and four empty cartridges of A.K-47 were recovered from the place of occurrence also. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner and further his period of abscondance, at present I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Nawanagar P.S. Case No. 111 of 2002/ G.R. No. 1245 of 2002 pending in the court of C.J.M. Buxar.

(Jitendra Mohan Sharma, J) Abhay/- U T