Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23553 of 2017 Arising Out of PS.Case No. -92 Year- 2006 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Dharmendra Singh son of Late Kesho Singh resident of villageOjhawaliya, P.S. Nasariganj, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Nasarignaj P.S.Case No.92 of 2006 registered for offences punishable under Sections 302 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

The Allegation, as per F.I.R. is that the petitioner along with the other accused persons had taken the deceased to a Temple and there some altercation took place and then the other accused persons shot the deceased, due to which he succumbed injury and further allegation is that when the informant tried to caught hold the co-accuses, who had fired, he thrashed him on the ground as such the co-accused fled away from the place of occurrence. It is submitted on behalf of the petitioner that there is nothing specific against the petitioner except that he thrashed the person who had come to caught the accused and now the petitioner has remained in custody for about eight months.

Patna High Court Cr.Misc. No.23553 of 2017 (2) dt.18-05-2017 2/2 Heard learned A.P.P. also, who has not controverted the above submissions.

Having heard both sides and in view of the fact that there is no allegation of firing by the petitioner on the deceased and he has remained in custody for about eight months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Kumar, J.M. 1st Class, Bikramganj (Rohtas) in connection with Nasariganj P.S.Case No.92 of 2006 dated 3.8.2006.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U