Dheeraj Kumar Singh @ Dhiraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15283 of 2022 Arising Out of PS. Case No.-150 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== Dheeraj Kumar Singh @ Dhiraj Kumar Singh Son of Lalan Singh Resident of Village - Basant Khurd , P.S.- Suppi, Distt.- Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyama Kant Singh, Advocate.
For the Opposite Party/s :
Mr. Atul Chandra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Suppi, P.S. Case No. 150 of 2019 lodged under Sections 414, 353, 333, 307 of Indian Penal Code read with Section 27 of Arms Act.
Learned counsel for the petitioner submits that nothing was recovered from the possession of the petitioner and his name has figured in this case, upon the secret information no arms was recovered rather a motorcycle was alleged to be recovered. He further submits that the petitioner is in custody since 27.08.2019. As per the order sheet of the trial court, he also submits that charge sheet has already been filed. He further submits that co-accused has been granted bail by the order of
Patna High Court CR. MISC. No.15283 of 2022(2) dt.07-07-2022 2/3 the Co-ordinate Bench of this Court dated 16.04.2021 passed in Cr. Misc. No. 5613 of 2021. Learned counsel for the petitioner admits that petitioner has in total 14 criminal cases pending and out of 14, he is on bail in 6 cases.
Learned counsel for the State opposes the prayer for bail and also submits that though in the present case nothing has been recovered but from the criminal history, it transpires that petitioner is a habitual offender and, therefore, there is a probability that trial may not commence if bail shall be granted. In the present facts and circumstances that in the present case nothing was recovered from the petitioner, arms act not applicable on him and with a view to maintain the parity, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, in connection with Suppi, P.S. Case No. 150 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the
Patna High Court CR. MISC. No.15283 of 2022(2) dt.07-07-2022 3/3 prosecution shall be at liberty to move for cancellation of his bail bond.
Accordingly, the bail application stands allowed. (Dr. Anshuman, J.) ravishankar/- U T