Dhuri Singh @ Birendra Singh @ Birendra Kumar Singh @ Dhuri Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17693 of 2023 Arising Out of PS. Case No.-248 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== DHURI SINGH @ BIRENDRA SINGH @ BIRENDRA KUMAR SINGH @ DHURI KUMAR SINGH S/O LATE BALESHWAR SINGH R/O VILLAGE/MOHALLA- RAMGARHA, P.S- AWATAR NAGAR, DISTT.- SARAN.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Sri Krishnapuri (S.K. Puri) P.S. Case No. 248 of 2022, registered for the offences punishable under Sections 341, 307 and 34 of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioner herein having fired on the informant and her husband, however, luckily they escaped from being hit by gun shots. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has
Patna High Court CR. MISC. No.17693 of 2023(2) dt.25-05-2023 2/3 been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against all the accused persons including the petitioner herein and moreover, the informant and her husband have not received any fire arm injury, hence a superficial allegation has been levelled against the accused persons.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a superficial allegation appears to have been levelled against the accused persons including the petitioner of them having fired gun shots, inasmuch as neither the informant nor her husband have been inflicted with any fire arm injury, I deem it fit
Patna High Court CR. MISC. No.17693 of 2023(2) dt.25-05-2023 3/3 and proper to admit the petitioner herein to the privilege of anticipatory bail.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna in connection with Sri Krishnapuri P.S. Case No. 248 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T