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Patna High CourtCR. MISC./67248/2022bail granted

Dhiraj Kumar Singh @ Lalu Singh @ Dhiraj Kumar v. The State Of Bihar

2023-03-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67248 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== DHIRAJ KUMAR SINGH @ LALU SINGH @ DHIRAJ KUMAR Son of Fulbabu Singh Resident of Village- Bahuara, P.S.- Shyampur Bhatha, DistrictSheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit For the Informant : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Shyampur Bhathan P.S. Case No. 124 of 2022, registered for the offences punishable under Sections 302, 120 B of the Indian Penal Code and Section 27 of the Arms Act. As per F.I.R, the specific allegation of firing shot upon the person of deceased is on co-accused Nitish Kumar Singh @ Chhotu Singh and Amit Kumar Singh. It has been alleged that on account of land dispute between the deceased and co-accused Vinay Kumar Singh, few days prior to the occurrence, the petitioner along with the other accused persons had threatened to kill the brother of the informant. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.67248 of 2022(2) dt.20-03-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Specific accusation of firing is against other accused persons and so far this petitioner is concerned, no specific overt act has been alleged against him. He has submitted that coaccused Vinay Kumar Singh has been granted anticipatory bail by the coordinate Bench in Cr. Misc No. 48169 of 2022 and the case of the petitioner is on better footing. He is a person of clean antecedent.

On the other hand, learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within six weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Sheohar in connection with Shyampur Bhathan P.S. Case No. 124 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T