Dhananjay Singh @ Bhutali Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68579 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Dhananjay Singh @ Bhutali Singh Son Of Surender Singh Resident Of Village Judawanpur, P.S.-Judawanpur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Raj For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Salimpur P.S. Case. No. 117 of 2023 instituted for the offence under Sections 302 of the Indian Penal Code and Section 27. of the Arms Act.

Allegation against the petitioner is that he opened fire on the chest of the informant's father due to which he sustained gun shot injury and shot dead.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to election dispute. It is further submitted from para-11 of this petition that inquest report was prepared before lodging the FIR which creates doubt about the prosecution case. It is further

Patna High Court CR. MISC. No.68579 of 2023(4) dt.29-02-2024 2/2 submitted by learned counsel on behalf of the petitioner that charge has not been framed as yet knowing the fact that the petitioner is languishing in judicial custody since 02.08.2023. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is specific allegation against the petitioner to open fire upon the informant's father on his chest due to which he died. During investigation, witnesses supported the prosecution case and postmortem report also corroborated with the prosecution version as entry wound was found in the postmortem.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to frame the charge against the petitioner and conclude the trial as soon as possible. Petitioner will be at liberty to renew his prayer for bail after framing of charge.

(Sunil Kumar Panwar, J) Shubham/- U T