Dinkar Kumar @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13908 of 2020 Arising Out of PS. Case No.-906 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Dinkar Kumar @ Dinesh Kumar Son of Dr. Ashok Kumar Sharma Resident of Village and P.O.- Walipur, P.S.- Pipariya, District - Lakhisarai, presently residing at Mohalla - Karyanand Nagar, Ward No. 08, Purani Bazzar, P.S. and District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the informant by means of iron rod, due to which he sustained head injury.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.13908 of 2020(3) dt.27-08-2020 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. Injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. case No.906 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection

Patna High Court CR. MISC. No.13908 of 2020(3) dt.27-08-2020 3/3 with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T