Dharmatma Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4623 of 2023 Arising Out of PS. Case No.-377 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Dharmatma Kumar S/o Rambabu Paswan Resident Of Village- Kurkuri, P.S.- Paliganj, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, all the accused persons including petitioner came at the house of informant, started abusing and assaulting the informant with spade, iron rod, bricks etc., as a result of which he sustained injuries. When the wife of informant came to save him she was also assaulted by the accused persons.
It is submitted that allegation of assault is general and omnibus in nature. Although there is allegation of assault against three accused persons, but injury report is not on the
Patna High Court CR. MISC. No.4623 of 2023(3) dt.16-05-2023 2/2 record. It is further submitted that land dispute is pending between the parties. Informant is own uncle of the petitioner. Petitioner claims clean antecedents.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 377 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T