Dharmendra Kumar @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10115 of 2024 Arising Out of PS. Case No.-191 Year-2020 Thana- DURAULI District- Siwan ====================================================== Dharmendra Kumar @ Dharmendra Yadav S/O- Hansnath Yadav @ Hansnath R/O- Village- Badheya Punak, P.S.- Darauli, Dist.- Siwan. ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code and later on section 302/34 of the IPC has been added.

3.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant and is languishing in judicial custody since 12-7-2023. It is next submitted that informant alleges that he was assaulted by Vijay on head by fersa causing injury and thereafter again, he was assaulted by fersa on head by the present petitioner. It is next submitted placing reliance on the postmortem report that there is

Patna High Court CR. MISC. No.10115 of 2024(3) dt.19-04-2024 2/3 only one injury on the head as such it is submitted that initial assault was made by Vijay. It is also submitted that though the allegation is of assault by fersa but then the postmortem report records that the injury was caused by hard and blunt substance. It is next submitted that petitioner will not abscond rather will cooperate in the trial.

4.

The learned APP opposes the prayer for bail of the petitioner but then fairly submits that there are three injuries on the body of the deceased but there is only one injury on the head.

5.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail 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 Darauli P.S. Case No. 191 of 2020.

6.

However, it is made clear that the learned trial court shall be at liberty to cancel the bail bonds of the petitioner in the event if the learned trial court comes to a conclusion that petitioner after his release is trying to delay the trial in any

Patna High Court CR. MISC. No.10115 of 2024(3) dt.19-04-2024 3/3 manner.

(Satyavrat Verma, J) SUMIT/- U T