Dhirendra Singh @ Kidwai Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34457 of 2016 Arising Out of PS.Case No. -284 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Dhirendra Singh @ Kidwai Singh son of Late Kulbansh Singh, resident of village:- Pathalpura, P.S: Kargahar, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sada Nand Roy For the Opposite Party : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 (i) (vii) (x) of the SC/ST (Prevention of Atrocities) Act.

The prosecution story in brief, is that on 15.10.2015, all the F.I.R. named accused persons along with other arrived at the door of the informant and pressurized his son Pappu Kumar to cast his vote in favour of Alok Kumar Singh and on refusal, said Alok Kumar Singh abused him. On which, the petitioner along with others having armed in their hands opened fire, causing injury to the son of the informant, namely, Pappu Kumar, due to which he died.

Patna High Court Cr.Misc. No.34457 of 2016 (3) dt.30-09-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.03.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. General and omnibus allegation has been made against the accused persons in the F.I.R. In the re-statement, the informant has confined the allegation of firing against only co-accused namely Kundan and Chitranjan. From perusal of the postmortem report, it is evident that there is only one gun shot injury found on the body of the deceased. The other co-accused has been granted bail vide Cr. Misc. No. 21442 of 2016.

On behalf of the state and counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. and has actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Sasaram, Rohtas, in connection with Kargahar (Sidi O.P.) P.S. Case No. 284 of 2015.

(Sudhir Singh, J.) Amit/- U T