Dipesh Singh @ Sudarshan Singh @ Suman Sisodiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58567 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- HABIBPUR District- Bhagalpur ====================================================== DIPESH SINGH @ SUDARSHAN SINGH @ SUMAN SISODIYA SON OF SIYARAM SINGH RESIDENT OF VILLAGE BAIJANI PS JAGDISHPUR DIST BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP.

Mr. Ashutosh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard Mr. Brajesh Kumar Singh, learned counsel for the petitioner, Mr. Dilip Kumar No.1, learned APP for the State and Mr. Ashutosh Kumar, learned counsel for the informant.

2. The petitioner apprehends his arrest in Habibpur P.S. Case No. 75 of 2023 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Allegedly, due to previous dispute, all the accused persons including the petitioner, having conspiracy, committed murder of the informant's brother.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.58567 of 2023(3) dt.14-12-2023 2/3 No such occurrence as alleged ever took place. He has been falsely implicated in the present case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that petitioner is posted as Loco Pilot in Railway in district Sahebganj and at the time of occurrence, he was on his duty. He also enclosed a copy of the attendance sheet at Annexure 2 of the bail application. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that there is serious allegation against the petitioner and other accused persons that they hired some unknown to kill the deceased and used to call the deceased at lonely place and on the date of occurrence, when the deceased went at the alleged place, he was killed. It is further submitted that there is ample evidence against the petitioner to indicate his complicity in the present case, hence he does not deserve the privilege of anticipatory bail.

6. Considering the facts and circumstances of case as well as nature of the offence, as there is sufficient material in the case diary to indicate the complicity of the petitioner in the present

Patna High Court CR. MISC. No.58567 of 2023(3) dt.14-12-2023 3/3 case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) divyanshi/- U T