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Patna High CourtCR. MISC./29941/2020bail granted

Dhiraj Kumar Singh @ Guddu @ Guddu Singh v. The State Of Bihar

2021-01-22Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29941 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== DHIRAJ KUMAR SINGH @ GUDDU @ GUDDU SINGH S/o Late Ram Ekbal Singh @ Late Ramaekbal Singh Resident of Village- Dhanhara, P.S.- Shyampur Bhataha, District- Sheohar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the parties.

A supplementary affidavit has been filed on behalf of the petitioner seeking correction in the prayer portion of the application. It has been stated that Court of 'learned Chief Judicial Magistrate, Sitamarhi' has been wrongly typed in place of 'learned Chief Judicial Magistrate, Sheohar'. Prayer portion of the application shall be read accordingly.

Let necessary corrections be incorporated in the prayer portion of the application in course of the day. This application for grant of regular bail arises out of Sheohar P.S. Case No. 191 of 2019 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.29941 of 2020(2) dt.22-01-2021 2/3 Petitioner's prayer for regular bail was earlier rejected by an order dated 18.12.2019 passed by this Court in Cr. Misc. No. 69863 of 2019 with an observation that the petitioner shall be at liberty to renew his prayer for bail after six months. The present application renewing prayer for regular bail has been filed in the light of the said observation made by this Court while rejecting the petitioner's prayer for regular bail. It is alleged in the First Information Report that some unknown miscreants had started indiscriminate firing targetting him, but he escaped the assault.

Learned counsel appearing on behalf of the petitioner has submitted that co-accused Vikash Patel has been allowed regular bail by this Court by an order dated 04.06.2020 passed in Cr. Misc. No. 75244 of 2019.

Considering the nature of allegation, particularly the fact that the informant did not receive any injury, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar, in Sheohar P.S. Case No. 191 of 2019.

Patna High Court CR. MISC. No.29941 of 2020(2) dt.22-01-2021 3/3 The Court has noted that the petitioner has criminal antecedent. It is, therefore, observed that if the petitioner is found by the prosecution indulging in any criminal activities, it shall be at liberty to approach this Court for cancellation of bail granted by virtue of the present order.

(Chakradhari Sharan Singh, J) Pawan/- U T