Dharmendra Kumar @ Kailu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10451 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- DUMARIYA District- Gaya ====================================================== Dharmendra Kumar @ Kailu Son of Ganga Prasad Gupta Resident of VillageManjhauli Salaiya, P.S.-Dumariya, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 153(A), 332, 427, 333, 295(A), 353, 506 and 504 of the Indian Penal Code.

3. Prosecution case, in brief, is that the informant was on the duty, in the meantime near Dumaria Majhauli Temple quarrel took place in between the members of two community and when the informant along with police officials tried to pacify the matter, the accused persons started brick batting upon them and also scuffled with prosecution party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.10451 of 2024(2) dt.22-02-2024 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has been only shown as a member of a mob in this case and the local chaukidar has disclosed his name before the police party due to local politics. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dumariya P.S. Case No. 87 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T