Dinesh Kumar @ Dinesh Singh @ Dinesh Kahar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.6323 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== 1.
DINESH KUMAR @ DINESH SINGH @ DINESH KAHAR Son of Dinesh Kumar @ Dinesh Singh @ Dinesh Kahar Resident of Village, P.O. and P.S.- Darihat, District- Rohtas.
2.
Ravi Kant Kumar Son of Dinesh Kumar @ Dinesh Singh @ Dinesh Kahar Resident of Village, P.O. and P.S.- Darihat, District- Rohtas. 3.
Shashi Kant Kumar @ Tinku Kumar Son of Dinesh Kumar @ Dinesh Singh @ Dinesh Kahar Resident of Village, P.O. and P.S.- Darihat, DistrictRohtas. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Singh, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-07-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners, in the present case, are seeking anticipatory bail in connection with Darihat P.S. Case No. 63/2019 registered for the offences under Section 147, 149, 341, 323, 504, 506, 447, 379, 325, 307 of the Indian Penal Code. Learned counsel for the petitioners submits that in the First Information Report there are over implication inasmuch as 12 persons have been made accused however so far as these petitioners are concerned, there is absolutely no allegation at all against petitioner nos. 2 & 3. So far as petitioner no. 1 is
Patna High Court CR. MISC. No.6323 of 2020(2) dt.10-07-2020 2/3 concerned, there is totally general and omnibus allegation that he along with three other co-accused had assaulted Sonu Kumar, however no specific allegation has been made against the petitioners of causing the alleged injury upon Sonu Kumar. These petitioners are having no criminal antecedent and it is further submitted that there is a counter version of this case also and in this regard the F.I.R. giving rise to Darihat P.S. Case No. 64/2019 has been brought on record.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners, however considering the facts and circumstances of the case and the submissions of learned counsel for the petitioners noticed hereinabove, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today in connection with Darihat P.S. Case No. 63/2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Dehri-on-Sone, Rohtas, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when
Patna High Court CR. MISC. No.6323 of 2020(2) dt.10-07-2020 3/3 required;
(ii) a condition that the 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;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/rajeev 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'.