Dharam Singh @ Dharm Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23919 of 2023 Arising Out of PS. Case No.-69 Year-2021 Thana- NIMACHANDPURA District- Begusarai ====================================================== DHARAM SINGH @ DHARM SINGH Son of Late Kailu Singh R/V- Ganga Prasad, PS- Barauni (Chakia O.P) Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr. Amit Kumar Rakesh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Neema Chandpura P.S. Case No. 69 of 2021 dated 23.07.2021 registered for the offence punishable under Sections 147, 148, 149, 452, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that the informant has alleged that the petitioner along with 10-12 persons surrounded the house of the informant and opened fire at the doors and windows of the informant's house due to which, informant's daughter sustained fire-arm injury on her thigh.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23919 of 2023(2) dt.23-05-2023 2/3 petitioner is innocent and has been falsely implicated in this case. It is submitted that petitioner is not named in the F.I.R. only on the basis of confessional statement of co-accused persons, he has been made an accused in this case. It is also submitted that co-accused Raja Kumar and Ranjit Mahto have been granted bail by a Co-ordinate Bench of this Court vide Criminal Miscellaneous No. 41716 of 2022 and 43334 of 2022 respectively. Further, it is submitted that two other co-acuused, namely Kanhaiya Kumar and Deepak Kumar have been granted bail by this Court vide order dated 18.08.2022 passed in Criminal Miscellaneous No. 15884 of 2022 and 20303 of 2022 respectively. Lastly, it has been submitted that the petitioner is in custody since 18.01.2023, having two criminal cases and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Neema Chandpura P.S.
Patna High Court CR. MISC. No.23919 of 2023(2) dt.23-05-2023 3/3 Case No. 69 of 2021.
(Khatim Reza, J) prabhat/- U T