Dhiraj Singh @ Dheeraj Kumar @ Dheeraj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5632 of 2025 Arising Out of PS. Case No.-403 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== Dhiraj Singh @ Dheeraj Kumar @ Dheeraj Singh S/o Pawan Singh, R/o Premnagar Sabour, P.S. - Sabour, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ankit Raj, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sabour P.S. Case No. 403 of 2024, FIR dated 23.11.2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 352 and 351(2) of the B.N.S., 2023.
3. The prosecution case as emerges from the FIR is that the co-accused persons surrounded the informant and started abusing and mishandling him and upon his protest, Anuj Yadav assaulted the informant with knife on his abdomen and head and when Anuja Devi, Abhishek Kashyap and Manish Kumari came to his rescue, they were also assaulted leading to knife injury on the hand of Anuja Devi. They also snatched mangalsutra of Anuja Devi.
Patna High Court CR. MISC. No.5632 of 2025(2) dt.19-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no specific allegation against the petitioner of assault and only with an intent to harass the whole family, all family members have been named in the present case on account of previous enmity.
5. He further submits that the petitioner has been languishing in jail since 24.11.2024.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.
7. It has also been stated in paragraph no. 2 of the bail petition that the petitioner has not moved before this Court earlier either for anticipatory bail or regular bail.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties on the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour P.S. Case No. 403 of 2024 on the following conditions:
(i) The petitioner will make himself available for
Patna High Court CR. MISC. No.5632 of 2025(2) dt.19-02-2025 3/3 interrogation by a police officer / Court as and when required. (ii) The petitioner will undertake that investigation / trial will not get hampered on account of his absence or noncooperation. He must be available to the police or the Court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) In case, it is brought to the notice of the Court below that the petitioner has criminal antecedents, other than the disclosed one, learned Court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the Court below that statement regarding previous bail petition is wrong, learned Court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) Ravi / Shahnawaz/- U T