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Patna High CourtCR. MISC./20761/2022bail granted

Dharmendra Singh @ Dharmendra Kumar Singh v. The State Of Bihar

2022-05-26Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20761 of 2022 Arising Out of PS. Case No.-195 Year-2018 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

DHARMENDRA SINGH @ DHARMENDRA KUMAR SINGH S/oArvind Singh R/o Village - Bharthauli, P.S. - Aurangabad Muffasil, District - Aurangabad, Bihar.

2.

UDAY KUMAR @ UDAY KUMAR SINGH S/o- Lawkush Singh R/o Village - Bharthauli, P.S. - Aurangabad Muffasil, District - Aurangabad, Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dayanand Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioners seek regular bail in connection with Aurangabad Mufassil PS Case No. 195/2018 registered for the offence punishable under Sections 147, 148, 149, 323, 325, 326, 307, 385, 504 and 506 of the IPC and Section 27 of the Arms Act.

As per First Information Report, petitioners along with other accused persons 29 in numbers assaulted the informant and other members from the side of informant. There is specific allegation against one Sushil Singh who assaulted one Surat Singh by means of Khanti and Lathi. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.20761 of 2022(2) dt.26-05-2022 2/3 petitioners have falsely been implicated in this case due to scuffle which took place between the side of the petitioners and informant on the point of issuing Chalan for transportation of sand. There is a case and counter case between the parties inasmuch as from the side of the petitioners an FIR bearing Aurangabad Mufassil PS Case No. 197/2018 has been filed in which the side of the petitioners has also sustained injury. The allegations against petitioners are general and omnibus in nature. Next submission is that similarly situated accused persons have been granted bail by this Court vide Criminal Miscellaneous No.12673 Of 2022. both the petitioners are in custody since 17.01.2022.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that there is case and counter case between the parties inasmuch as from the side of the petitioners an FIR bearing Aurangabad Mufassil PS Case No. 197/2018 has been lodged, other injured persons have sustained simple injury, similarly situated persons have been granted bail and the petitioners are in custody since 17.01.2022, I am inclined to grant regular bail to the petitioners.

Accordingly, let all the petitioners, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.20761 of 2022(2) dt.26-05-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Mufassil PS Case No. 195/2018. (Anil Kumar Sinha, J) perwez U T