Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27287 of 2021 Arising Out of PS. Case No.-454 Year-2020 Thana- ATRI District- Gaya ====================================================== DINESH KUMAR S/o Siya Sharan Prasad R/o village- Dhaukal Bigha, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikramdeo Singh, Advocate Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

This case has been listed on priority basis on the urgent mentioning slip filed by learned counsel for the petitioner.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 365, 511, 379, 343, 504 & 506/34 of the Indian Penal Code and Section 25 (1-b) of

Patna High Court CR. MISC. No.27287 of 2021(2) dt.27-10-2021 2/3 the Arms Act.

While the informant was going to market with his brother-in-law on the way the F.I.R. named persons including this petitioner is said to have stopped his vehicle and tried to sat him in a Bolero vehicle. When the informant started shouting several persons assembled there and driver fled away along with vehicle. His brother-in-law also fled away. He was tied with a palm tree and assaulted by them.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to local politics. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The police has cooked up false story to falsely implicate this petitioner in collusion with the informant. The injury sustained by the victim is simple in nature. The petitioner has no criminal antecedent and has been languishing in custody since 24.12.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named

Patna High Court CR. MISC. No.27287 of 2021(2) dt.27-10-2021 3/3 petitioner is directed to be enlarged on bail 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 Atri P.S. Case No.454 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T