Dabloo Singh @ Rajnarayan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84820 of 2023 Arising Out of PS. Case No.-160 Year-2023 Thana- TEKARI District- Gaya ====================================================== 1.
DABLOO SINGH @ RAJNARAYAN KUMAR S/O VINAY SINGH RESIDENT OF VILLAGE- TEPA, P.S.- TEKARI, DISTRICT- GAYA 2.
BUDHU SINGH @ HARINARAYAN SINGH S/O VINAY SINGH RESIDENT OF VILLAGE- TEPA, P.S.- TEKARI, DISTRICT- GAYA 3.
CHHOTU SINGH @ SONU KUMAR S/O ARUN SINGH RESIDENT OF VILLAGE- TEPA, P.S.- TEKARI, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohit Shriwastava, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on the day of Holi festival, when the informant's daughter was enjoying the festival, all the accused persons including the petitioners came in drunken stage and started assaulting. Thereafter, co-accused Babloo Singh opened fire which hit the informant's daughter due to which she
Patna High Court CR. MISC. No.84820 of 2023(2) dt.15-01-2024 2/3 sustained fire arm injury.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against co-accused Babloo Singh. Similarly situated co-accused, namely, Hare Krishna Singh @ Hare Krishna Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 01.12.2023 passed in Cr. Misc. No. 68403 of 2023. Petitioner nos. 2 has one criminal antecedent, whereas petitioner nos. 1 & 3 have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.84820 of 2023(2) dt.15-01-2024 3/3 lower Court where the case is pending/successor Court in connection with Tekari P.S. Case No. 160 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T