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Patna High CourtCR. MISC./3046/2022bail granted

Dharmendra Singh v. The State Of Bihar

2022-06-06Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3046 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Dharmendra Singh, Son of Late Ram Akbal Singh, Resident of Village - Bagaicha, P.S.- Sonhan, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner seeks bail in connection with Bhabua (Sonhan) P.S. Case No. 90 of 2021 registered for the alleged offences under Sections 147, 148, 149, 341, 323, 326, 337, 354, 427 and 448 of the Indian Penal Code. The petitioner is alleged to be one of the co-accused persons, who trespassed into the house of the informant, assaulted the informant and his family members and acid was also used in the assault.

It has been submitted by the learned counsel for the petitioner that there is no specific allegation against the

Patna High Court CR. MISC. No.3046 of 2022(2) dt.06-06-2022 2/3 petitioner except that he was carrying a rifle and entered into the house of the informant. There is a case and counter case between the parties. Some of the accused persons have been allowed the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 22.12.2021 passed in Cr. Misc. No.50485 of 2021. The petitioner is in custody since 18.09.2021.

Learned APP opposes the prayer of bail.

Having regard to the facts and circumstance and considering the nature of allegation and there is a case and counter case along with period of custody, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. Case No.90 of 2021, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner, preferably one of his parents. (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, his

Patna High Court CR. MISC. No.3046 of 2022(2) dt.06-06-2022 3/3 bail bond will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T