Dharmanath Singh @ Dharmanath Kumar @ Dharma Nath Singh @ Dharma Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55881 of 2022 Arising Out of PS. Case No.-29 Year-2016 Thana- HAJIPUR SADAR District- Vaishali ====================================================== DHARMANATH SINGH @ DHARMANATH KUMAR @ DHARMA NATH SINGH @ DHARMA NATH KUMAR Son of Late Nokha Kuar @ Nokha Kunwar Resident of Village- Kariho, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Sr. Adv.

Mr. Rohit Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-05-2023 Heard Mr. Ajay Kumar Thakur, learned senior counsel for the petitioner and learned APP for the State. Petitioner seeks bail, who is in custody since 26.07.2022 in connection with Hajipur Sadar P.S. Case No. 29/2016, F.I.R. dated 24.01.2016, for the offences punishable under Sections 341, 324, 307, 120B/34 of the Indian Penal Code & Section 27 of the Arms Act.

According to prosecution case, it is alleged that coaccused namely Bipin Singh and Prahlad Singh caught hold the informant and on the order of co-accused Prahlad Singh, the petitioner fired upon the informant, which caused injury on the stomach of the informant. Thereafter the accused persons fled away.

Patna High Court CR. MISC. No.55881 of 2022(4) dt.03-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land dispute. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and no such occurrence has taken place. He further submits that Mr. Sujit Kumar, who was present with the informant has not stated anything about the petitioner's involvement and during investigation no one has supported the case of prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 26.07.2022. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No.29/2016, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.55881 of 2022(4) dt.03-05-2023 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T