Dinanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18608 of 2023 Arising Out of PS. Case No.-772 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Dinanath Singh, S/O Late Inderlal Singh, R/O Village- Gawaspur (JAITIYA), P.S- Gaurichak, Distt.- Patna, 804451 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Anuj, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Gaurichak P.S. Case No. 772 of 2022, registered for the offences punishable under Sections 307, 506, 120 (B) of the Indian Penal Code read with Section 27 of the Arms Act.

As per the prosecution case, the debate was going on between the informant, petitioner and co-accused Vinod Singh with respect to partition of land. In the meantime, the petitioner and co-accused Vinod Singh ordered Nitish Singh to bring arms and kill the informant. Co-accused Nitish Singh with help of all co-accused persons fired on informant causing fire arm injury in the shoulder.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18608 of 2023(2) dt.17-05-2023 2/2 petitioner is 68 years old who has been falsely implicated in this case. He alongwith almost all his family members are Gotiyas of informant and there is pattidari dispute between the parties. Petitioner has no criminal antecedent and is in jail custody since 23.12.2022. There is no chance of his absconding or tampering with the evidence, if bail is granted.

Learned APP for the State assisted by the learned counsel for the informant has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and submission of the learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Patna City in connection with Gaurichak P.S. Case No. 772 of 2022.

(Sunil Dutta Mishra, J) ashutosh/- U T