Dhanjeev Singh @ Dhanjeev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66292 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Dhanjeev Singh @ Dhanjeev Kumar Singh Son of Jaleshwar Singh Resident of Village- Nawada, P.S.- Rivilganj, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends bail in connection with Rivilganj P.S. case No. 346 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 302, 504, 506 of the Indian Penal Code and 27 and 35 of the Arms Act.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, the petitioners and their family members were digging foundation in the land of the informant. On protest, the petitioners along with other co-accused persons

Patna High Court CR. MISC. No.66292 of 2024(3) dt.27-09-2024 2/3 caught hold the brother of the informant and, in the meantime, this petitioner fired upon him due to which he died.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. There is case and counter-case between the parties. The co-accused person has already been granted regular bail by this Bench vide order dated 06.03.2024 passed in Cr. Misc. No. 13986 of 2024. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the fact that there is specific allegation of firing upon the deceased against this petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. However, liberty is granted to the petitioner to surrender before the learned trial Court and seek regular bail. If any such application is filed, learned trial Court shall consider

Patna High Court CR. MISC. No.66292 of 2024(3) dt.27-09-2024 3/3 and dispose of the same on its own merit, without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T