Dablu Singh @ Krishna Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82471 of 2019 Arising Out of PS. Case No.-240 Year-2019 Thana- DINARA District- Rohtas ====================================================== Dablu Singh @ Krishna Pratap Singh, Son of Late Kapil Singh, Resident of Village - Kund, P.S.- Dinara, Distt - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

For the Informant :

Mr. Murari Narain Choudhary, Adv.

For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-06-2020 Heard Mr. N.K. Agrawal, learned Senior Advocate for the petitioner, Mr. Murari Narain Choudhary, learned Advocate for the informant and learned APP for the State. The petitioner, who is in custody since 27.08.2019, seeks bail in connection with Dinara P.S. Case No. 240 of 2019, dated 27.08.2019, which was initially instituted for the offences under Sections 341, 326 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act but later,

Patna High Court CR. MISC. No.82471 of 2019(4) dt.05-06-2020 2/3 Sections 364 and 302 of the Indian Penal Code were added. According to the First Information Report, the younger brother of the informant, viz., Satyam Kumar Singh, who is the deceased of this case, telephonically informed the informant that the petitioner and others have caught hold of him. Later, he again called up the informant and told him not to come to the place where he was caught as they are waiting to kill him. He also intimated on telephone that he, somehow or the other, managed to run away from the clutches of the petitioner and others. The informant claims to have gone to the place of occurrence where the petitioner and others resorted to firing, leading to injuries on his person.

Later, the dead-body of Satyam was recovered which was found to be ridden with bullets. Mr. N.K. Agrawal, learned Senior Advocate, has submitted that if the telephonic conversation of the deceased with the informant is accepted to be true, then the deceased had informed him that he had managed to run away from the clutches of the accused persons including the petitioner.

Patna High Court CR. MISC. No.82471 of 2019(4) dt.05-06-2020 3/3 such transaction was at a different place and cannot be saddled on the petitioner. He further submits that there is a reason for falsely implicating the petitioner, viz., the petitioner being an associate of one Bajrangi Singh with whom the informant has civil disputes.

However, regard being had to the nature of accusation and the fact that the informant was fired at by the petitioner and the brother of the informant had told him that the petitioner and others had tried to catch and harm him, I am not inclined to grant bail to the petitioner for the present.

The prayer for bail is accordingly rejected.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T