Dhirendra Pratap Singh @ Poli Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41919 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== DHIRENDRA PRATAP SINGH @ POLI SINGH son of Shambhu Singh Village- Sadipur Ps- Gorekothi Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 399, 402 of IPC and 25(1-b)a, 36/35 Arms Act.

3.

Allegedly, petitioner and other co-accused persons were planning to loot a C.S.P. situated at Chhatisi (Marachhi). 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. During investigation, two coaccused were apprehended by the police and from their possession arms were recovered. Petitioner's name transpired in

Patna High Court CR. MISC. No.41919 of 2023(2) dt.04-08-2023 2/2 this case on the basis of confessional statement of the coaccused. There is no specific allegation against the petitioner and no incriminating article has been recovered from his conscious physical possession. Petitioner has three criminal antecedent, out of which, in one case, final form has been filed against him.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since no recovery has been made from the possession of the petitioner above named, let him, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jamo Bazar P.S. Case No.35/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T