Dharamvir Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21780 of 2023 Arising Out of PS. Case No.-142 Year-2020 Thana- MANSI District- Khagaria ====================================================== DHARAMVIR SINGH S/O NATHO SINGH Resident of Village- Saidpur, P.S.- Mansi, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abdul Mannan Khan, Advocate.
Mr. Binay Kumar Advocate.
For the State :
Mr. Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2023 Heard Mr. Abdul Mannan Khan, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Mansi P.S. Case No. 142 of 2020 dated 19.5.2020 registered for the offences punishable under Sections 147, 307, 447 of the Indian Penal Code and Section 27 of the Arms Act.
This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 16.12.2022 passed in Cr. Misc. 48391 of 2022 with liberty to renew his prayer for grant of regular bail after completion of one year in custody.
Patna High Court CR. MISC. No.21780 of 2023(2) dt.05-04-2023 2/3 The allegation against the petitioner as per the First Information Report is that the petitioner along with other accused persons armed with weapons arrived near the house of the informant and upon order being given by the petitioner, coaccused Chandan Singh fired on the informant which hit near his left hand and further Ranvir Singh also fired upon the informant due to which the informant sustained injury near his right side of stomach.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. He further submits that from perusal of the First Information report, it would be evident that at best the petitioner is said to be an order giver and there is no allegation of firing upon him. He next submits that while rejecting the bail application of the petitioner earlier vide order dated 16.12.2022 passed in Cr. Misc. 48391 of 2022 granted liberty to the petitioner to renew his prayer for bail after completion of one year in custody. The petitioner is in custody since 3.4.2022 and has now completed one year in custody.
Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner is an order giver and is not assailant and he is in custody since
Patna High Court CR. MISC. No.21780 of 2023(2) dt.05-04-2023 3/3 3.4.2022, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No. 142 of 2020. (Anil Kumar Sinha, J) S.Ali/- U T