Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22997 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== DHARMENDRA KUMAR Son of Late Bijendra Singh R/V- Mohanpur, PSRupauli, Dist- Purnea ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek :

Mr. Debesh Kumar Poddar :

Mr. Rang Nath Pandey For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354(B), 427, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

As per the prosecution case, there is allegation against the petitioner to assault on the head of the informant by means of iron rod.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is land dispute between the parties which is also clear from the FIR itself. He submits that

Patna High Court CR. MISC. No.22997 of 2023(3) dt.04-07-2023 2/2 nature of the injury is simple in nature which is clear from the impugned order itself. He further submits that there is no cogent evidence on record to establish the prosecution case as stated in the FIR. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dhamdaha P.S. Case No.194/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T