Dipak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32823 of 2020 Arising Out of PS. Case No.-132 Year-2020 Thana- AMARPUR District- Banka ====================================================== Dipak Singh, aged about 20 years, male, Son of Lakshman Singh, Resident of Village - Kenduar, P.S.- Amarpur, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-03-2021 The matter has been heard via video conferencing.

2. Heard Mr. Dhirendra Kumar, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with Amarpur (Fullidumar) PS Case No. 132 of 2020 dated 05.03.2020, instituted under Sections 399/402 of the Indian Penal Code and 25(1-B)(a)/26/35 of the Arms Act, 1959.

4. The allegation against the petitioner is that he was the person who had called the other accused for committing dacoity.

5. Learned counsel for the petitioner submitted that he has no connection with the persons caught and is resident of

Patna High Court CR. MISC. No.32823 of 2020 dt.09-03-2021 2/2 another village. It was submitted that co-accused Rohit Kumar has been granted regular bail by the Court and he runs a welding shop and the petitioner also works with him, due to which he has also been named. It was submitted that the petitioner has no criminal antecedent.

6. Learned APP submitted that the petitioner is the main person as he had called the other accused for the purpose of committing dacoity.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. On the plea of learned counsel for the petitioner, it is observed that if the petitioner surrenders before the Court below and prays for bail within four weeks from today, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T