Dinesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24671 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- DESARI District- Vaishali ====================================================== Dinesh Prasad Singh Son Of Late Gaya Singh Resident Of Village - Chakamgola, Police Station - Disari (chandpura O.P.), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Desari (Chandpura O.P.) P.S. Case No. 371 of 2023, lodged on 03.11.2023 under Sections 341, 323, 302, 34 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against six named accused persons including the present petitioner. The allegation against the present petitioner is that he has fired on the chest of the informant's son due to which he fell down and subsequently, on the way, informant's son died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is aged about 80 years and since,

Patna High Court CR. MISC. No.24671 of 2024(2) dt.19-04-2024 2/2 he is the eldest person of the family that's why he has been made accused in this case. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 04.11.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that case diary has been called for and in the case diary, post-mortem report has been attached and the post-mortem report directly corroborates that the death of the informant's son has been caused due to injury caused by a gun shot which has been done none the else but by Dinesh Prasad Singh.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Desari (Chandpura O.P.) P.S. Case No. 371 of 2023, pending before the learned Additional Chief Judicial Magistrate, Vaishali at Hajipur is hereby rejected. (Dr. Anshuman, J.) Divyansh/- U T