Patna High CourtCR. MISC./48742/2023bail granted

Dhirendra Singh @ Dhira Singh @ Dhirendra Kumar Singh v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48742 of 2023 Arising Out of PS. Case No.-99 Year-2021 Thana- TANKUPPA District- Gaya ====================================================== DHIRENDRA SINGH @ DHIRA SINGH @ DHIRENDRA KUMAR SINGH S/O LATE DHANUSHDAHRI SINGH R/O Village- Bartara, P.STankupaa, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Tankuppa P.S. Case No. 99 of 2021 dated 06.11.2021 registered for the offences punishable u/ss 147, 148, 149, 188, 341, 342, 323, 326, 307, 333, 337, 338, 353, 504, 506 and 427 of the Indian Penal Code and Section 9 of Bihar Control of the use of Loudspeaker Act, 1953 and Section 27 of the Arms Act.

4. As per the prosecution case, the informant stated

Patna High Court CR. MISC. No.48742 of 2023(2) dt.08-08-2023 2/3 that on 06.11.2021 at about 5PM, while on duty, he along with other police personnel reached Bartara Bazar. There they saw a Tata Magic and trolley upon which several persons smelling like alcohol were sitting and playing loud music. The informant seized the DJ and Tata Magic and when he reached at Tankuppa Barta more Dharmendra Singh and about 100 persons assembled and started pelting bricks. The informant disclosed the names of the petitioner and others. It is further submitted that when he proceeded towards police station then 6 to 7 accused persons came and made scuffle from him and started firing which hit on his leg.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 06.07.2022 passed in Cr. Misc. No. 9831 of 2022. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.03.2023.

6. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.48742 of 2023(2) dt.08-08-2023 3/3 opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Tankuppa P.S. Case No. 99 of 2021.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T