Dinanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45976 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- PIRO District- Bhojpur ====================================================== DINANATH SINGH Son of Late Bindhyachal Singh Resident of Village - Sambhal Tola, P.s.- Piro, Distt.- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as Mr. J.N. Thakur, learned APP for the State.

The petitioner apprehends his arrest in connection with Piro P.S. Case No. 03 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation, mentioned in the FIR, in the evening of 02.01.2021, the informant was standing near Shiv Temple, meanwhile, co-accused Dharmendra Kumar, Dinanath Singh (the present petitioner) and Gautam Kumar came there and the present petitioner fired on the informant with the intention to kill him. Learned counsel for the petitioner has submitted that in

Patna High Court CR. MISC. No.45976 of 2021(3) dt.16-05-2022 2/2 paragraph No. 41 of the case diary the statement of the informant was recorded in which the informant has stated that co-accused Nandan Singh fired shot which hit on his chest. Similarly, in paragraph No. 24 and 25 of the case diary the independent witnesses have also stated that Nandan Singh has fired on Nitish Kumar. The witness Kanhaiya Chaudhary, whose statement has been recorded in paragraph No. 24 of the case diary is an eye witness. Considering the fact that the informant has stated in paragraph No.

41 of the case diary that co-accused Nandan Singh has fired shot and the independent witnesses have also stated in similar way, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No. 03 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.