Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20688 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- AZIMABAD District- Bhojpur ====================================================== Dhiraj Singh Son of Mahendra Singh village- Bargaon, Ps- Azimabad, DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Azimabad P.S. Case No. 100 of 2024, instituted for the offences punishable under Sections 191(2), 190, 352, 351(2), 126(2), 115(2), 109, 74, 76, 305 of the Bharatiya Nyaya Sanhita, 2023 read with Section 27 of the Arms Act and Sections 3/4 of Witch Craft Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons entered into the house of the informant, opened fire in the air, assaulted the informant along with her son and daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.20688 of 2025(2) dt.16-04-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. There is no any corresponding injury nor there is any intention to constitute the alleged offence. It is further submitted that there is case and counter case between the parties. The petitioner is in custody since 06.02.2025 and has got two criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Azimabad P.S. Case No. 100 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T