Dina Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44453 of 2025 Arising Out of PS. Case No.-356 Year-2019 Thana- GOGRI District- Khagaria ====================================================== Dina Singh, aged about-40 years, S/o- Late Police Singh Village- Imadpur, Bind Toli, P.S. Gogari, DIstt.-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offences punishable under Sections 25(1-B)a, 27, 37 of Arms Act.
3. As per the allegation in the FIR, the informant has stated that on 18.10.2019 at about 3:00 P.M when the informant and his son were sitting near his door, in the meantime petitioner along with another co-accused person came there with weapons and started firing. After hearing the sound of firing, the villagers came and saved the informant after which the accused persons again wanted to made fire but did not fire. The informant snatched three nuts and three live cartridges and one empty
Patna High Court CR. MISC. No.44453 of 2025(2) dt.16-07-2025 2/3 cartridges from the possession of the accused persons and handed over to the police.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that both the parties are next door neighbourer and there is previous enmity is going on between them and due to this reason the present case has been lodged against the petitioner. He next submits that from bare perusal of the F.I.R. as well as seizure list, it appears that informant has himself handed over one country made pistol and three live cartridges and one empty cartridges to the police and no one was apprehended on the spot. He further submits that no firearms has been recovered from the physical possession of the petitioner. He further submits that petitioner has got no criminal antecedent and he is in judicial custody since 14.05.2025.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. In the light of the aforesaid submission made by learned counsel for the petitioner as well as the fact that no firearms has been recovered from the conscious possession of the petitioner and also the fact that petitioner was not apprehended on the spot, let the above named petitioner be
Patna High Court CR. MISC. No.44453 of 2025(2) dt.16-07-2025 3/3 released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogari P.S. Case No.356 of 2019, G.R. No.3072 of 2019.
(Ramesh Chand Malviya, J) Harshita/- U T