Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2435 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Dharmendra Kumar, Son Of Karoo Mahto Resident Of Village - Dumrawa, P.S.- Deepnagar, Distt.- Nalanda.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the accused persons including the petitioner came to his house and started abusing his mother, father and on protest, it is alleged that Pappu Kumar and Sarwan Kumar assaulted Naresh Prasad with khanti causing injury on his head and fracture of both the hands. It is further alleged that the accused persons including the petitioner assaulted the informant with

Patna High Court CR. MISC. No.2435 of 2022(2) dt.08-08-2022 2/3 iron rod causing injury on his head and fracture on the hand. Thereafter, it is alleged that accused persons also assaulted other member of the informant's family and even snatching mangalsutra and ear-pin of the mother of the informant. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. Admittedly, the present occurrence took place on account of existing land dispute. It is further submitted that the allegation of assault is general and omnibus in nature as it is alleged that five accused persons including the petitioner assaulted the informant.

It is next submitted that no doubt, one injury is on head, but the same is simple and as far as injury on the hand is concerned, the same is grievous in nature, but then it is on nonvital part of the body. It is next submitted that from the side of the petitioner Deepnagar P. S. Case No.223 of 2021 was also instituted against the informant and other accused persons. It is also submitted that from the side of the petitioner, people received injury on head and fracture of hand.

Patna High Court CR. MISC. No.2435 of 2022(2) dt.08-08-2022 3/3 specific.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Deepnagar P. S. Case No.224 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T