Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72432 of 2021 Arising Out of PS. Case No.-294 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== 1.

Dinesh Singh Son of Late Deonath Singh Resident of Village - Hathopur, P.S. - Daraunda, District - Siwan.

2.

Jitendra Singh Son of Late Deonath Singh Resident of Village - Hathopur, P.S. - Daraunda, District - Siwan.

3.

Raju Singh @ Raju Rai @ Santu Singh Son of Late Deonath Singh Resident of Village - Hathopur, P.S. - Daraunda, District - Siwan. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Daya Shankar Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2022 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 380, 307, 506/34 and other allied sections of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the specific allegation of assault with bhujali and iron road is against other co-accused persons. Instant case is counter blast of Daraunda Police Station Case No. 291 of 2021 lodged by petitioner no.3 against the informant side. It is further submitted that the FIR was lodged after delay of three days and there is no plausible explanation of delay. It is also submitted that though

Patna High Court CR. MISC. No.72432 of 2021(2) dt.20-07-2022 2/2 there is allegation of firing, but none has sustained injuries. Petitioners have got no criminal antecedent.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail. They submit that as per the FIR petitioners assaulted the informant and his family members with lathi, iron rod, etc. and also opened fire on them. Considering the aforesaid facts, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Siwan in Daraunda Police Station Case No. 294 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T