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Patna High CourtCR. MISC./10759/2024bail granted

Dharmendra Singh @ Dhamerkedra Singh v. The State Of Bihar

2024-02-22Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10759 of 2024 Arising Out of PS. Case No.-674 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Dharmendra Singh @ Dhamerkedra Singh Son of Badari Singh @ Vadri Singh Resident of Village-Visarhiya, P.S.-Dhaka, District-East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Dhaka P.S. Case No. 674 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 325, 327, 380, 385, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner is to assault the son of the informant by means of farsa and iron rod on his head

Patna High Court CR. MISC. No.10759 of 2024(2) dt.22-02-2024 2/3 causing head and other bodily injuries due to longstanding land dispute.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and falsely implicated with present case. It is further submitted that there is land dispute between the parties. It is submitted that the injuries sustained by the injured persons are simple in nature. While concluding the argument, it is submitted that other similarly situated co-accused persons have already granted bail by learned Co-ordinate Bench of this Court through Cr. Misc. No. 15980 of 2023.

5. Learned APP appearing on behalf of the State, opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above and by taking note of the fact as injuries appear simple in nature, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran,

Patna High Court CR. MISC. No.10759 of 2024(2) dt.22-02-2024 3/3 Motihari/concerned Court below where the case is pending in connection with Dhaka P.S. Case No. 674 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T