Dharam Nath Singh @ Gurjar Singh @ Gurjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60575 of 2021 Arising Out of PS. Case No.-94 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== DHARAM NATH SINGH @ GURJAR SINGH @ GURJAR S/o Shekho Singh Resident of Village- Gawas Bind Toli, P.S.- Beldaur, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Barauni (Chakia) Police Station Case No. 94 of 2021, registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act. On the basis of secret information that some miscreants have assembled and were planning to commit dacoity, the police party proceeded towards the place of occurrence and on seeing the police party, the accused persons started fleeing away, however, the police arrested four accused persons, including the petitioner and one loaded country-made pistol, one Masket and three live cartridges have been recovered from possession the petitioner.

Patna High Court CR. MISC. No.60575 of 2021(2) dt.26-05-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He further submits that the petitioner is in custody since 10.03.2021, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. He next submits that similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. 53406 of 2021.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record, the fact that charge sheet has already been submitted, the petitioner is in custody since 10.03.2021 and similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. 53406 of 2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni (Chakia) P.S. Case No. 94 of 2021 subject to the

Patna High Court CR. MISC. No.60575 of 2021(2) dt.26-05-2022 3/3 condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive dates, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T