Dhirendra Kumar Nirala @ Dhirendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11296 of 2023 Arising Out of PS. Case No.-317 Year-2016 Thana- SUPAUL District- Supaul ====================================================== DHIRENDRA KUMAR NIRALA @ DHIRENDRA RAM S/o Tulmohan Ram R/o Village- Chaughara, Ward no. 8, P.S. and Distt- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 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, 447, 323, 307, 380, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, allegation against the petitioner is that he had assaulted the informant with iron rod on head, back and shoulder.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that accused namely Ruby Kumari and Rinki Kumari were not sent up for further proceeding as the

Patna High Court CR. MISC. No.11296 of 2023(2) dt.25-04-2023 2/2 prosecution found them innocent. He submits that the petitioner is enjoying benefit of Section 41(A) of the Cr.P.C.. He submits that though there is mention in the impugned order in para 37 and 46 the injury report is enclosed, but the nature of the injury is not mentioned. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, 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 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 Supaul P.S. Case No. 317 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T