Dheeraj Singh @ Baba @ Dheeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80052 of 2024 Arising Out of PS. Case No.-814 Year-2023 Thana- BEUR District- Patna ====================================================== Dheeraj Singh @ Baba @ Dheeraj Kumar Son of Ganesh Singh R/o - Narayanpur, P.S - Narayanpur, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the State :
Mr. Anant Kumar 1, APP For the Informant :
Mr. Satish Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2025 Heard Mr. Ghanshyam Tiwary, learned counsel for the petitioner, Mr. Satish Chandra, learned counsel appearing on behalf of the informant as well as Mr. Anant Kumar 1, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 09.01.2024 in connection with Beur P.S. Case No. 814 of 2023, F.I.R. dated 08.12.2023 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, the husband of the informant was shot dead by three unknown persons who came on motorcycle while the informant's husband along with his friend was walking.
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4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Pravin Kumar Singh @ Jhunnu Singh and except the confessional statement of the co-accused, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 09.01.2024.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the bail application of the co-accused, namely, Pravin Kumar Singh @ Jhunnu Singh has been rejected by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 40378 of 2024 and apart from that the petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in all the three cases.
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6. Considering the aforesaid facts and circumstances that the petitioner is not named in the F.I.R, his name has been transpired on the basis of confessional statement of the coaccused person and nothing has come during investigation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna in connection with Beur P.S. Case No. 814 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for
4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T