Guddu Singh @ Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57271 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== GUDDU SINGH @ DHIRAJ SINGH S/o- LATE RAM EKWAL SINGH Village- Dhanhara PS- Shyampur Bhataha Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shyampur Bhathan P.S. Case no.36 of 2023 registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that about six years ago his son had been threatened by the petitioner. The reason for the threat was that he had taken Rs. 1.5 lakhs from the informant's son for purchase of land and was not ready to return the same. He had threatened that he along with his associates will get him shot. It is further stated by the informant that the petitioner along with Nitesh Kumar are actively involved in criminal activities. The informant received information that they had jointly killed the informant's son.

Patna High Court CR. MISC. No.57271 of 2023(3) dt.08-11-2023 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No direct material has transpired in course of investigation to connect the petitioner with the alleged crime. There is no eye witness to the alleged occurrence. Coaccused Nitesh Kumar has been enlarged on bail vide order dated 15.9.2023 passed in Cr. Misc. no. 47730 of 2023. The petitioner is in custody since 20.4.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, there being no eye witness to the alleged occurrence, grant of bail to the coaccused Nitesh Kumar, the petitioner being in custody since 20.4.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Shyampur Bhathan P.S. Case no. 36 of 2023 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 Chief Judicial Magistrate, Sheohar.

(Partha Sarthy, J) Bibhash U T