Dina Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2218 of 2018 Arising Out of PS. Case No.-145 Year-2017 Thana- KARPI District- Jehanabad ====================================================== Bijendra Kumar S/o Ram Pravesh Singh, R/o Village- Adarsh Nagar, P.S.- Haspura, Distt.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 59478 of 2017 Arising Out of PS. Case No.-145 Year-2017 Thana- KARPI District- Jehanabad ====================================================== Dina Nath Singh, Son of Late Ramishwar Singh, resident of Village- Belaw, P.S.- Kaler, District- Arwal.

... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 2218 of 2018) For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. SRI DILIP KUMAR (In Criminal Miscellaneous No. 59478 of 2017) For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. SRI LALAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Karpi P.S. Case No. 145 of 2017 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and 27 of Arms Act. Later on Section 302/120B of

Patna High Court Cr.Misc. No.2218 of 2018(3) dt.07-02-2018 2/3 the IPC has been added.

Informant in his fardbeyan has stated that on 29.08.2017 in the evening he was sitting with B.E.O. and other persons in his office. In the meantime, he heard some sound of blasting. The B.E.O. raised alarm regarding shot injury on his person and he saw that B.E.O. felling down and blood was oozing from his head. Thereafter with the help of villagers the injured was taken to Primary Health Centre where doctor referred to Paras Hospital, Patna.

Learned counsel for the petitioner submitted that they are innocent and have been falsely implicated in this case. It has been further submitted that petitioners are not named in the FIR and informant himself has claimed that he has not identify any person on account of darkness and their name have surfaced only on the basis of confessional statement of coaccused. It has been further submitted that co-accused namely, Md. Ayub Ansari has been granted bail by a Co-ordinate Bench of this Court vide order dated 17.01.2018 passed in Criminal Miscellaneous No. 57292 of 2017. It has been further submitted that petitioner Bijendra Kumar is in custody since 11.09.2017 and petitioner Dina Nath Singh is in custody since

Patna High Court Cr.Misc. No.2218 of 2018(3) dt.07-02-2018 3/3 12.09.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Arwal, for Bijendra Kumar and satisfaction of learned Chief Judicial Magistrate, Arwal for Dina Nath Singh in connection with Karpi P.S. Case No. 145 of 2017. (S. Kumar, J) veena/- U T