Deneshwar Singh @ Dineshwar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.11087 of 2017 (3) dt.12-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11087 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Deneshwar Singh @ Dineshwar Singh, Son of Late Mugeshwar Singh, Resident of village - Rahai, P.S. Karpi, District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate. For the Opposite Party/s : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Karpi P.S. Case 79 of 2016 instituted for the offence under Sections 326, 307/34 of the Indian Penal Code, Sections 25(1-b)A, 26, 27 and 35 of the Arms Act.

It has been submitted on behalf of the petitioner that earlier bail petition of the petitioner was rejected by this Hon'ble Court vide order dated 7.9.2016 passed in Cr. Misc. 35794 of 2016. He is in custody since 30.5.2016. He is renewing his prayer for bail, as earlier bail petition was rejected by this Hon'ble Court at that stage. It has further been submitted that co-accused against whom there is allegation of firing, has been granted regular bail by a coordinate Bench of this Court vide order dated 17.9.2016 passed in Cr. Misc. 39926 of 2016.

Patna High Court Cr.Misc. No.11087 of 2017 (3) dt.12-04-2017 As per allegation in the written report during course of construction of drain on protest made by the informant coaccused Pramod Singh took out pistol from the house and fired on the informant. It is alleged that petitioner had damaged the old drain with spade.

From the order of the Sessions Judge also it appears that there is specific allegation of making firing against coaccused Pramod Singh who has already been granted bail by a coordinate Bench of this Court vide order dated 17.9.2016 passed in Cr. Misc. 39926 of 2016. It is mentioned in paragraph-3 of the bail petition that the petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 learned Chief Judicial Magistrate, Jehanabad, in connection with Karpi P.S. Case No. 79 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T