Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46633 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Dharmendra Singh aged about 50 years (male) S/O Late Moti Singh R/O Village-Mosipur, PS- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Premchandra Yadav, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence under Sections 190, 191(2), 223, 109 of the B.N.S. and Section 27, 25(9), 29,30 of the Arms Act.

3. As per the allegation in the FIR, the S.H.O of Khusrupur Police Station has given his self-written application stating therein that a video clip is being viral on social media platform in which some persons, including the present petitioner were being shown as having indulged in celebrating firing in the air near Mosimpur Petrol Pump in a Reception Party.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.46633 of 2025(2) dt.31-07-2025 2/3 case. He further submits that petitioner was not arrested at the spot and no incriminating article has been recovered from the direct or indirect possession of the petitioner. He next submits that no one has got injured during the alleged occurrence. He further submits that petitioner has never participated in the alleged occurrence at the Reception Party and someone has fabricated the alleged video clip. He further submits that one coaccused person, namely, Sunny Kumar has already been granted bail by the learned Additional Sessions Judge-1st, Patna City vide B.P. No.758 of 2025 as stated in Para-10 of the bail petition and the said order has been annexed as Annexure-P/2. He next submits that petitioner is in custody since 31.05.2025. He further submits that petitioner has two criminal antecedents but fairly submits that he is on bail in both the cases as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. Considering all facts and circumstances of the case, submission of learned counsel for the petitioner as well as the fact that petitioner has not been arrested at the spot and one coaccused person has already granted bail by the learned Trial Court and also the fact that no one received injury during the

Patna High Court CR. MISC. No.46633 of 2025(2) dt.31-07-2025 3/3 alleged occurrence, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna City in connection with Khusrupur P.S. Case No.164 of 2025. (Ramesh Chand Malviya, J) Harshita/- U T