Dinesh Singh @ Dinesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57877 of 2025 Arising Out of PS. Case No.-188 Year-2021 Thana- SALIMPUR District- Patna ====================================================== Dinesh Singh @ Dinesh Kumar Singh, Male, aged about 65 years, S/o Late Rajendra Singh, R/o vill - Rupas Mahaji, P.S.- Salimpur, Distt.- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Aryan Singh, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Salimpur P.S. Case No. 188 of 2021 dated 01.12.2021 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 354B, 354C, 354D, 504, 506, 342, 448 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, on 29.11.2021, during the course of village election, some boys made group of the children from the house of the informant and in that course, abuse took place between them which turned into an altercation which was resolved by the interference of senior residents and
2/6 they were sent to their house. It is further alleged that on the same pretext, Dinesh Singh (petitioner), the co-accused Bipin Singh and Pramod Singh, while ending the argument, threatened the informant's side. Thereafter, on 30.11.2021 at 7.00 A.M., when the informant was feeding his cow outside his house, Dinesh Singh (petitioner), Bipin Singh, Pramod Singh, Satish Singh, Sanjeet Singh, Santosh Singh, Atish Singh, Amit Kumar @ Dabaura, Arvind Singh, Dhiraj Kumar, Amar Singh @ Pahalwan, Manoj Singh, Vinay Singh, Ankit Kumar, Manoj Singh, Krishna Ram and Sunil Ram armed with rifle, pistol, katta and A.K. 47 suddenly came and surrounded, abused and assaulted the informant with fists and slaps.
It is further alleged that somehow, the informant went inside his house and thereafter the aforesaid accused persons also entered the house of the informant. When the wife of the informant came to rescue the informant, the co-accused Satish Singh caught hold of the hair of the informant's wife and thrashed her on the ground and pointed rifle on her temple and tore her clothes with a bad intention and told to make her video viral.
3/6 Singh (petitioner) ordered to shoot the informant, on which, the co-accused Satish Singh pointed towards the informant and thereafter fired with rifle on him which hit below his right hand, due to which, he sustained injury and fell down on the ground. The co-accused Pramod Singh told to commit loot in the house and put it on fire, on which, all the accused persons broke the house of the informant and looted 10 bhar gold, 10 bhar silver and Rs. 90,000/- which were kept in the box for the purpose of marriage of the informant's niece and the co-accused Amit Kumar @ Daubra poured the Kerosene Oil on the house of the informant to burn it. On hulla raised by the local people, the accused persons fled away after giving threat that if the case would be lodged, the video of his wife would be made viral. The informant was brought to Bakhtiyarpur Government Hospital for treatment from where he was referred to P.M.C.H., Patna.
4. It is also relevant to mention here that earlier the prayer for anticipatory bail of the petitioner was dismissed as withdrawn by the Co-ordinate Bench of this Court passed in Cr. Misc. No. 46599 of 2022 vide order dated 15.12.2022, and in Cr. Misc. No. 6979 of 2023 vide order dated 08.02.2023 and vide order dated 09.02.2024 passed in Cr. Misc. No. 25140 of 2023, the anticipatory bail application of the petitioner was
4/6 rejected by the Co-ordinate Bench of this Court with a direction to the petitioner to surrender before the learned court below and file appropriate application for regular bail and thereafter the petitioner had moved before the Hon'ble Apex Court and challenged the order dated 09.02.2024, passed in Cr. Misc. No. 25140 of 2023, vide Special Leave to Appeal (Crl.) No(s). 2778 of 2024 and after hearing the counsels for the parties the Hon'ble Apex Court have been pleased to issue notice and interim relief was granted to the petitioner on 01.03.2024 but later on 06.08.2024 after hearing the learned counsels for the parties, the Hon'ble Apex Court have been pleased to dismiss the Special Leave to Appeal (Crl.) No(s). 2778 of 2024 ,annexed as Annexure-P/1 to the present bail application.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is general and omnibus allegation against the petitioner. The petitioner is merely an order giver. There is no specific allegation of firing against the petitioner. The specific allegation of firing is against the coaccused Satish Singh. It is further submitted that both parties are familiar to each other. The real fact is that the son of the petitioner is a witness in a murder case in which the informant is
5/6 an accused and merely for scaring and pressurizing the petitioner's son, the name of the petitioner has been dragged in the present case. The petitioner is an old man aged about 65 years old. It is submitted that the other co-accused persons, namely, Manoj Singh @ Manoj Kumar Singh, Vinay Singh, Amit Kumar @ Doctor @ Amit Kumar Singh and Atish Kumar @ Atish Singh, Ankit Kumar and Satish Kumar Singh have already been granted anticipatory bail by a Bench as well another Co-ordinate Benches of this Court in Cr. Misc. No. 10590 of 2024 vide order dated 12.03.2024, Cr. Misc. No. 48023 of 2023 vide order dated 24.08.2023, Cr. Misc. No. 38865 of 2023 vide order dated 31.07.2023, Cr. Misc. No. 73984 of 2022 vide order dated 24.03.2023 and Cr. Misc. No. 47746 of 2022 vide order dated 20.02.
2023, annexed as Annexure-P/3 series to the present bail application. The petitioner has eight (08) criminal antecedents and out of which, in two cases, he has been acquitted, in two cases, final form was submitted, in two cases, he is on bail, in one case, the matter has been compromised in Lok Adalat and in one case, the petitioner was not remanded, as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 26.06.2025.
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6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has submitted that the petitioner is named in the F.I.R. and on his order, the coaccused Satish Singh fired on the informant, due to which, he sustained injury.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Barh, Patna in connection with Salimpur P.S. Case No. 188 of 2021 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
8. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T