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Patna High CourtCR. MISC./88542/2024bail granted

Dinesh Singh v. The State Of Bihar

2025-01-28Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88542 of 2024 Arising Out of PS. Case No.-306 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Dinesh Singh S/o Late Sri Bhagwan Singh R/o vill - Dharam Pipra, P.s .- Jagdishpur, Distt.- Bhojpur 2.

Vikash Kumar Singh @ Vikarh Kumar @ Vikash Kumar S/o Binod Singh R/o vill - Dharam Pipra, P.s .- Jagdishpur, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 329(3), 329(4), 109, 303(2), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. As per prosecution case, on the alleged date and time of occurrence, all the accused persons named in the F.I.R. including these petitioners came at the house of informant and started abusing and when informant came out, all the accused persons assaulted him. It is further alleged that petitioner No. 2 assaulted on the head of informant with the butt of rifle and

Patna High Court CR. MISC. No.88542 of 2024(3) dt.28-01-2025 2/3 petitioner No. 1 is alleged to have instigated others to shoot the informant upon which they started firing. Further allegation is that the accused persons also took away Rs. 60,000/- and ornaments from the house of informant.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. As a matter of fact, present case is counter blast of Jagdishpur P. S. Case No. 305 of 2024, Bhojpur which was lodged by the father of petitioner No. 2 against informant and others. Injury allegedly caused by these petitioners is simple in nature. Case and counter case. Rest of the allegations are super addition to make the case grave.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Jagdishpur P. S. Case No. 306

Patna High Court CR. MISC. No.88542 of 2024(3) dt.28-01-2025 3/3 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T