Dimpal Mahato @ Durgesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55301 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- KRISHNAGARH District- Bhojpur ====================================================== Dimpal Mahato @ Durgesh Kumar Singh S/o Vijay Mahato @ Vijay Kumar Singh Resident Of Village- Kandari, PS- Dhobahan, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Malti Kumari For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(2), 61(2), 3(5) of the B.N.S. and Section 25(1-b)a, 27 of the Arms Act.

3. The case of the prosecution is that the petitioner along with one Rajan Singh had come to the Dalan of the informant for having talks on compromise whereafter they left. In the meantime, other accused persons barged in the Dalan and on the order of the Balwant Singh, three accused persons fired at the brother of the informant Vijay Shankar Singh.

4. Learned counsel for the petitioner submits that it would be evident from the first information report itself that the petitioner along with one Rajan Singh had come to the house of the informant for the purposes of holding some talks for

Patna High Court CR. MISC. No.55301 of 2025(3) dt.17-11-2025 2/3 compromise and had left the place while the occurrence is said to have taken place. Specific allegation of exhortation is on Balwant Singh whereupon Balwant Singh, Chandan Singh and Shankar Singh fired on account of which the deceased died. It is further submitted that the petitioner has been made an accused only on the basis of suspicion and he is in custody since 06.03.2025 and the charge-sheet has been submitted.

5. Learned APP for the State has opposed the application for bail to the petitioner on the grounds mentioned in the first information report and also on the ground that the petitioner has several criminal antecedents. However, it has been submitted that the petitioner is on bail in all the cases.

6. Taking into consideration the facts and circumstances and also considering the fact that the specific allegation of firing is on other accused persons and the petitioner was not even present at the time of occurrence coupled with the fact that he is remained in custody since 06.03.2025, let the above named petitioner, be enlarged on bail 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 court below where the case is pending/successor court in connection with Krishnagarh P.S. Case No. 143 of 2024, subject to the conditions that:

Patna High Court CR. MISC. No.55301 of 2025(3) dt.17-11-2025 3/3 (I) One of the bailors would be the family member or relative.

(II) The petitioner would appear physically on each and every date in the learned court below and would cooperate in the conclusion of trial and if the petitioner does not appear on two consecutive date without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds.

(Soni Shrivastava, J) devendra/- U T