Dinesh Singh @ Dinesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25140 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- SALIMPUR District- Patna ====================================================== Dinesh Singh @ Dinesh Kumar Singh Son Of Late Rajendra Singh R/VRupas Mahaji, Ps- Salimpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest, in connection with Salimpur P.S. Case. No. 188 of 2021 dated 01.12.2021 registered under Sections 147, 148, 323, 324, 307, 354B, 354C, 354D, 504, 506, 342 and 448 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier, the prayer for anticipatory bail of the petitioner was twice permitted to be withdrawn vide orders dated 15.12.2022 and 08.02.2023 passed in Cr. Misc. Nos 46599 of 2022 and 6979 of 2023.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner had entered into the house of the informant and assaulted the informant. It is

Patna High Court CR. MISC. No.25140 of 2023(5) dt.09-02-2024 2/3 further alleged that on the order of this petitioner, co-accused Santosh Singh fired upon the informant, as a result of which, he sustained gun shot injury.

Learned counsel for the petitioner submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The petitioner is only order giver as per FIR and specific overt act of making fire is against co-accused, namely, Santosh Singh. In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that earlier also, the petitioner had twice filed the application for grant of anticipatory bail before this Hon'ble Court which was twice permitted to be withdrawn. Thereafter, the petitioner did not surrender and again came before this Court for grant of anticipatory bail. It is further submitted that prayer for anticipatory bail of other co-accused person has already been rejected by a co-ordinate Bench of this Court vide order dated 28.03.2023 passed in Cr. Misc. No. 51724 of 2022. Petitioner has five criminal antecedents as well.

Considering the fact that prayer for anticipatory bail of the petitioner was earlier twice permitted to be withdrawn

Patna High Court CR. MISC. No.25140 of 2023(5) dt.09-02-2024 3/3 vide orders dated 15.12.2022 and 08.02.2023 passed in Cr. Misc. Nos. 46599 of 2022 and 6979 of 2023, this Court is not inclined to entertain the anticipatory bail petition of the petitioner.

The prayer for grant of anticipatory bail of the petitioner stands rejected.

The petitioner is directed to surrender before learned Court below and file appropriate application for regular bail. (Sunil Kumar Panwar, J) Shubham/- U T