Dhiraj Kumar Soni @ Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56075 of 2018 Arising Out of PS. Case No.-198 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Dhiraj Kumar Soni @ Alok Kumar, Son of Sri Prakash Soni, Resident of Daulat Ganj, Takkar Mor, P.S.-Bhagwan Bazar, District-Saran (Chhapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sidhendra Narayan Singh For the Opposite Party/s :

Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 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, 324, 307, 504 and 379/34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant along with another was coming to house, the accused persons surrounded them and assaulted him due to which he sustained injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity in respect of which a case is also pending between the parties. The nature of injury is said to

Patna High Court Cr.Misc. No.56075 of 2018(2) dt.09-10-2018 2/2 be simple. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 198/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T