Dinesh Singh @ Dinesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30803 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- RAJPUR District- Rohtas ====================================================== DINESH SINGH @ DINESH KUMAR SINGH S/O LATE RAMBACHAN SINGH R/o village- Amadhi, P.S.- Rajpur, District- Rohtas (Sasaram) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Adv.
Ms. Lilawati Singh, Adv.
For the Opposite Party/s :
Mr. Bharat Bhusan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-12-2021 Heard Mr. Durgesh Nandan, learned counsel for the petitioner and Mr. Bharat Bhusan, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Rajpur PS Case No. 190/2020 registered for the offence punishable under Section 409/120(b) of the IPC.
As per prosecution case, petitioner was directed to submit his joining as Block Guard along with other Home Guards and after submitting his joining at the new place of posting, his rifle and fifty cartridges of the petitioner as well as one rifle of another Home Guard, namely Ram Bachan Singh were found missing.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged
Patna High Court CR. MISC. No.30803 of 2021(4) dt.15-12-2021 2/3 and the rifle and cartridges of the petitioner and the rifle of one another Home Guard were stolen from Cirtcle Office but the petitioner has falsley been implicated in this case alleging therein that he has misappropriated and deliberately misplaced the said rifle and cartridges. Learned counsel further submits that similarly situated co-accused, Ram Bachan Singh has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 27835/2021. It is also submitted that six other similarly situated co-accused persons in connection with same PS Case have also been granted bail by Co-ordinate Benches of this Court vide Cr. Misc. Nos. 21509/2021, 24269/2021, 25475/2021, 24756/2021, 22007/2021 and 23990/2021.
Learned counsel next submits that petitioner is in custody since 23.12.2020 having no criminal antecedents. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that seven similarly situated co-accused persons have been granted bail by Co-ordinate Benches of this Court, petitioner is in custody since 23.12.2020 having no criminal antecedents, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.30803 of 2021(4) dt.15-12-2021 3/3 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-I, Bikramganj, Rohtas in connection with Rajpur PS Case No. 190/2020.
(Anil Kumar Sinha, J) perwez U T