Dharmendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14216 of 2023 Arising Out of PS. Case No.-776 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Dharmendra Kumar Singh Son Of Sri Ram Janam Singh R/O VillageShekhpura, P.S.- Gaurichak, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Pd. Singh, Sr. Advocate Mr.Abhay Kumar, Advocate For the State :
Mr.Ajay Kumar Jha, APP For the Informant :
Ms.Sanju Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner, in the present case, is seeking prearrest bail in connection with Gaurichak P.S. Case No. 776/2022 registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506, 427 of the Indian Penal Code and 27 of the Arms Act. He has one criminal antecedent as stated in paragraph '3' of the application.
As per the prosecution story, the informant has alleged that on 21.11.2022 at 9:00 P.M. all the accused persons came at his house and started firing to kill him and also damaged his vehicle and further alleged that accused persons were planning to commit the said crime at the house of Raju
Patna High Court CR. MISC. No.14216 of 2023(2) dt.18-05-2023 2/3 Kumar Singh.
Learned senior counsel for the petitioner submits that petitioner has been falsely implicated in this case. There is no allegation against the petitioner for firing or damaging the vehicle of the informant.
Learned counsel for the informant as well as learned A.P.P. for the State have opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case wherein it appears that so far as this petitioner is concerned, one line allegation against him is that he was involved in the conspiracy hatched out with regard to the alleged occurrence, learned counsel for the informant as well as learned counsel for the State have though opposed the prayer for pre-arrest bail but they do not dispute that against him there is no other allegation, in the circumstances, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Patna City, in connection with Gaurichak P.S. Case No. 776 of 2022, subject to the
Patna High Court CR. MISC. No.14216 of 2023(2) dt.18-05-2023 3/3 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. Further condition that within two weeks from today the petitioner shall appear before the Investigating officer in the police station and cooperate in course of investigation. He will keep on putting his appearance in the police station every two months during the investigation and in case he is required to face the trial, he will appear before the learned trial court on each and every date fixed in the mater and two consecutive defaults in putting appearance shall lead to cancellation of his bail bond.
(Rajeev Ranjan Prasad, J) Rajeev/- U T