Dharmendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9395 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== DHARMENDRA KUMAR SINGH Son of Late Parasnath Singh Resident of Village- Hakam, P.S.- Siwan Muffasil (Mahadeva O.P.), District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 324, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 21.06.2021 at about 7:30 PM his mother was cooking on roof and informant and his cousin were talking on the roof when the accused persons including the petitioner started abusing all the victims further asking them and further threatened them to leave the house so that they can stay there, thereafter it is alleged that Kanchan Singh gave orders to kill on which petitioner assaulted informant with dab causing injury on

Patna High Court CR. MISC. No.9395 of 2022(2) dt.02-09-2022 2/3 his head but informant somehow manage to save himself from the repeated blow, it is next alleged that Kanchan Singh assaulted informant with lathi on various body parts and when his mother intervene Annu Devi assaulted with stick of right leg causing injury to her, thereafter an accused persons also assaulted other family members.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner and informant are pattidars and on account of family dispute the present occurrence took place, it is next submitted that the injury suffered by the injured is simple in nature as it has been specifically stated at Para-11 of the anticipatory bail application, it is next submitted that no doubt at the occurrence took place but the aggressors were the informant's side and if petitioner had any intention of committing a serious offence then injury definitely would have been simple.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.9395 of 2022(2) dt.02-09-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Siwan Muffasil (Mahadeva O.P.) P.S. Case No. 282 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T