Dinesh Singh @ Dinesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27751 of 2024 Arising Out of PS. Case No.-784 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Dinesh Singh @ Dinesh Sharma S/o- Late Indra Deo Singh VillageIbrahimpur PS-Naubatpur Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 784 of 2023 instituted for the offences under Sections 302, 147, 148, 149, 323 and 385 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution allegation, in short, is that when the informant was in way of Panchayat Bhawan all the FIR named accused persons including the petitioner herein armed with weapons started abusing the informant and as per direction of co-accused Shubham @ Tantan, they assaulted the informant. They also fired upon the informant and co-accused Brajesh Kumar put a pistol on temporal region of the informant's son
Patna High Court CR. MISC. No.27751 of 2024(2) dt.29-04-2024 2/3 Rahul Kumar and fired due to which informant's son fell down. Thereafter all the accused fled away towards Tiwarychyak concealing the arms but during fleeing away their two bullets fell at the place. The informant's son Rahul Kumar was taken to AIIMS for treatment where he was declared dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No occurrence as alleged has taken place. The informant is not eye witness to the occurrence. Specific allegation of firing on son of the informant is against Brajesh Kumar. Charge-sheet has been submitted in this case. The petitioner is in custody since 17.11.2023 and has no criminal antecedent
5. Learned A.P.P. 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, clean antecedent of the petitioner and 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.27751 of 2024(2) dt.29-04-2024 3/3 below/concerned Court in connection with Naubatpur P.S. Case No. 784 of 2023.
(Rudra Prakash Mishra, J) Prakash/- U