Patna High CourtCR. MISC./1032/2024bail granted

Dhirendra Singh v. The State Of Bihar

2024-01-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1032 of 2024 Arising Out of PS. Case No.-168 Year-2022 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Dhirendra Singh S/o Late- Chitranjan Singh Resident of vill.- Parsauni ,P.S.- Phenhara ,Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv Mr. Priyanka Kumari, Adv.

Smt. Anjana Gupta, Adv.

Mr. Kumari Seems Singh, Adv.

Mr. Ajay.

Smt. Kumari Rupa For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Shyampur Bhathan P.S. Case No. 168 of 2022 registered on 15.09.2022 lodged under Sections 25(1-b)a/26/35 Arms Act.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons excluding the petitioner.

4. Counsel for the petitioner submits that name of the petitioner has been figured in this case by the virtue of confessional statement of the co-accused who has disclosed that the petitioner has fled away from the said place where police

Patna High Court CR. MISC. No.1032 of 2024(2) dt.18-01-2024 2/3 has conducted raid.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 10.03.2023 having five criminal case pending against him, in which he is on bail.

6. Counsel further submits that one of the co-accused Umesh Singh has been granted bail by co-ordinate bench of this court vide order dated 24.06.2023 passed in Cr. Misc. No. 31668/2023

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Sheohar in connection with Shyampur Bhathan P.S. Case No. 168 of 2022, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

Patna High Court CR. MISC. No.1032 of 2024(2) dt.18-01-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Sunnykr/- U