Dinesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83512 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Dinesh Singh Son Of Bisheshwar Singh @ Bittu Singh Resident Of Village -Kone Bajitpur, Ps- Karpurigram, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. As per allegation in the FIR, when the informant was returning to his house by motorcycle and reached near the house of Dewan Singh, all accused persons including this petitioner surrounded him and started to hurl abuse. On protest, accused Pappu Kumar assaulted him with iron rod and petitioner assaulted him with lathi as a result of which he sustained several injuries. It is further alleged that co-accused Pappu Kumar snatched his gold locket and
Patna High Court CR. MISC. No.83512 of 2023(2) dt.04-01-2024 2/3 accused Rupesh Kumar took out Rs. 20,000/- from his pocket. On gathering of villagers, all accused persons managed to escape.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is delay of about six days in lodging the FIR without any explanation of delay. All injuries sustained by the informant is simple in nature except injury no. 1 & 6, which are grievous but the same are on non-vital part i.e. swelling in right forearm and swelling on left foot. Both the parties are co-villagers and due to land dispute alleged occurrence took place. Petitioner is a man of 55 years and suffering from various chronic ailments. Petitioner has got no criminal antecedent and languishing in judicial custody since 11.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on
Patna High Court CR. MISC. No.83512 of 2023(2) dt.04-01-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Karpoorigram P.S. Case No. 30 of 2023.
(Sunil Kumar Panwar, J) sushma/- U