Dhanjee Paswan @ Sunny Deol v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16169 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- CHENARI District- Rohtas ====================================================== DHANJEE PASWAN @ SUNNY DEOL S/O RANGLAL PASWAN R/O VILLAGE-CHANDRAKAITHI, P.S-CHANERI, DISTRICT-ROHTAS (BIHAR).
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-06-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Chaneri P.S. Case No. 88 of 2020 registered for the offences punishable under Sections 279, 337, 323, 326, 506 of the Indian Penal Code and later on charge-sheet submitted under Section 307 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per the prosecution story the informant along with his friend was going to his village on a motorcycle. It is alleged that the
2/4 petitioner riding his motorcycle in a rash manner on the wrong side of the road dashed informant's motorcycle due to which they fell down and received injuries. When the informant asked the petitioner about rash driving, this petitioner called two-three persons on phone and assaulted informant and his friend with danda and helmet due to which they received injuries on chest, head and leg.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the injuries caused to the informant and his friend is due to the accident. Learned counsel submits that the petitioner is in custody since 06.08.2020. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein the allegation of assault has been made against the petitioner and his two other associates and it is the submission of learned counsel for the petitioner that the petitioner has remained in jail in connection with this case for ten months by now, investigation against him is complete, charge-sheet has been filed but the trial is not likely to be concluded in near future, considering all this let the petitioner above named be
3/4 released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas, Sasaram in connection with Chaneri P.S. Case No. 88 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person 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 or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be
4/4 delayed for purpose of or in the name of verification. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.