Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8851 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- MAIN P.S. District- Gaya ====================================================== DINESH KUMAR Son of Ishwar Bhagat Resident of Village - Pai Bigha, Police Station - Main and District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Adv For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 149, 341, 323, 324, 379, 386, 307, 504 and 506 of the Indian Penal Code.

Allegedly, the petitioner along with other co-accused persons entered the shop of the informant and started abusing him. It is further alleged that they took Rs.10,000/- from cash

Patna High Court CR. MISC. No.8851 of 2022(2) dt.02-08-2022 2/3 box and one gold chain from the informant's father. The petitioner and other co-accused persons also assaulted the informant's father and brother.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to oblique reasons and dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against one Ranveer Kumar, who fired on the brother of the informant. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with

Patna High Court CR. MISC. No.8851 of 2022(2) dt.02-08-2022 3/3 two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Main P.S. Case No. 17 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T