Dhiraj Kumar @ Dheeraj Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14067 of 2025 Arising Out of PS. Case No.-97 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Dhiraj Kumar @ Dheeraj Kr. S/o Triloki Singh Resident of Village- Lerua, P.S- Sasaram Muffasil, Distt.- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-04-2025 Heard Mr. Dharmendra Kumar Singh, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sasaram (M) P.S. Case No. 97 of 2024, F.I.R. dated 02.03.2024 for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code.

3. According to prosecution case, all the accused persons including this petitioner have assaulted the informant and her husband due to some petty dispute.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.14067 of 2025(2) dt.23-04-2025 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. Although petitioner is name in the F.I.R but from perusal of the F.I.R it appears that there is no specific allegation of assault or overt act attributed against the petitioner and the only allegation against the petitioner is that he has caught hold the family members of the informant. The specific allegation of assault is against the co-accused persons, namely, Upendra Kumar, Ashutosh Kumar, Anuj Kumar and Badal @ Manu Kumar.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and there is no specific allegation of assault against this petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 97 of 2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.14067 of 2025(2) dt.23-04-2025 3/3 Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T