Dashrath Singh Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36154 of 2024 Arising Out of PS. Case No.-152 Year-2023 Thana- MARANCHI District- Patna ====================================================== Dashrath Singh Nishad Son Of Ramudit Singh Resident Of Village - Dumara Janjira Diyara, P.S. - Maranchi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Maranchi (Panch Mahla O.P.) No. 152 of 2023 registered for the offence under Sections 452, 341, 307, 384, 504 and 506/34 of the Indian Penal Code and Sections 25(1-b), 26, 27 and 35 of the Arms Act.

3.As per the prosecution case, it is a case of open fired upon the informant's wife and also abused and assault upon her.

4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and no seizure list has been prepared and there is

Patna High Court CR. MISC. No.36154 of 2024(2) dt.21-05-2024 2/2 complete violation of Section 100 of the Cr.P.C and similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 12629 of 2024, petitioner has got clean antecedent and he is in custody since 20.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and impugned order dated 04.03.2024, it appears that there is no specific allegation against the petitioner and one live cartridge was recovered from the possession of the petitioner and petitioner is in custody since 20.11.2023, in these circumstances, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, be directed to be released on bail in connection with Maranchi (Panch Mahla O.P.) P.S. Case No.152 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-III, Barh, Patna.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T