Daulat Singh @ Harshwardhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45108 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== DAULAT SINGH @ HARSHWARDHAN SINGH SON OF LATE BIMAL SINGH R/O VILLAGE- PAHSARA, P.S.- NAWKOTHI, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nawkothi P.S. Case No. 184 of 2021, registered for the offence punishable under Sections 341, 307, 504, 506, 120(B)/34 of the Indian Penal Code.

The accused persons including the petitioner herein are alleged to have arrived at the house of the informant, whereafter they had resorted to indiscriminate firing and had kept a home made bomb in front of the house of the petitioner, whereupon, they had fled away.

Patna High Court CR. MISC. No.45108 of 2022(3) dt.09-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 13.04.2022. It is submitted that though the petitioner is an accused in four other cases, but he is on bail in one of them. It is further submitted that a general and omnibus allegation has been levelled against the petitioner and in fact, he has not been alleged to have fired gunshots on any member of the prosecution party.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the materials available in the case diary, though I deem it fit and proper to admit the petitioner to the privilege of bail, but considering his bad antecedent, I deem it appropriate to impose

Patna High Court CR. MISC. No.45108 of 2022(3) dt.09-01-2023 3/3 certain condition, which is not objected to by the learned counsel for the petitioner.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai in connection with Nawkothi P.S. Case No. 184 of 2021.

It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10:00 am. on every Monday, starting from the day he is released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) Ajay/SonalU T