Dharmendra Singh @ Dharmendra Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.685 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== Dharmendra Singh @ Dharmendra Kr. Singh Son Of Ram Sewak Singh Resident Of Village - Darihara Bhual, P.S. - Dariyapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP For informant :

Mr. Sumit Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Dariyapur P.S. Case no. 139 of 2020 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the F.I.R., it is stated by the informant that on the orders of this petitioner co-accused Aditya Kumar Singh fired killing his son on the spot. It is submitted by learned counsel for the petitioner that from perusal of the F.I.R. itself no overt act has been alleged against the petitioner who is in custody since 22.5.2020

Patna High Court CR. MISC. No.685 of 2021(4) dt.19-07-2021 2/2 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that it was as a result of a well planned conspiracy by the accused persons and especially the petitioner herein who was present at the spot that on his orders, his son was shot dead.

Having heard learned counsel for the parties and in view of the facts and circumstances of the case including the allegation against the petitioner being that of an order giver together with his having remained in custody for over 1 year 1 month, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Dariyapur P.S. Case no. 139 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.

(Partha Sarthy, J) Bibhash U