Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13909 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Dharmendra Kumar Son of Late Rajendra Rai Resident of Village - Laxmi Nagar, P.S. - Industrial Area, District - Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Prabhat, Advocate For the Opposite Party/s :Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in short, is that in the night of 30.07.2021, the informant was at home in the meantime his cousin (petitioner) alongwith one unknown person, knocked his door and called the informant to open the door. When the informant opened the door, all of sudden the petitioner and unknown accused person started firing on the informant, which caused injury on the thigh and the left palm of the informant. Learned counsel for the petitioner submits that the pe-
Patna High Court CR. MISC. No.13909 of 2022(2) dt.18-08-2022 2/3 titioner is innocent and has not committed any offence. Further, it is submitted that the informant, who has a criminal background wanted to grab the house of the petitioner and his brother. Further, in the absence of the petitioner and his brother, the informant broke the lock of the petitioner's house twice for which, Panchayati was also held but in vain. It is submitted that the doctor examined the informant found three injuries over body of the informant out of which injury no. 1 and 2 has been found simple in nature wherein injury no. 3 is found grievous in nature (Annexure - 2). It is stated the the petitioner is in custody since 24.11.2021, charge-sheet has been submitted in this case and has antecedent of one case.
Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfation of the Learned Chief Judicial Magistrate, Vaishali in connection with Industrial Area P.S. case No. 123 of 2021.
annpurna/- (Khatim Reza, J) U T
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