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Patna High CourtCR. MISC./24780/2025bail granted

Dharmendra Rai @ Dharmendra Kumar @ Dharmendra Ray v. The State Of Bihar

2025-04-30Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24780 of 2025 Arising Out of PS. Case No.-208 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Dharmendra Rai @ Dharmendra Kumar @ Dharmendra Ray Son of Brajanandan Ray @ Brajnandan Rai @ Brijnandan Rai Village - Chakiya, PsDoriganj, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Koilwar P.S. Case No. 208 of 2024 registered on 30.04.2024 for the offences under Sections 147, 148, 149, 341, 323, 307, 385, 386 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, tractor of the informant was carrying sand for some construction work and the petitioner and other co-accused persons demanded extortion money from the tractor driver. When less than the demanded money was given to them by the driver, they assaulted him with butt of rifle causing injury to him. When the informant went to the house of the co-accused to inquire about the matter, he was abused and he

Patna High Court CR. MISC. No.24780 of 2025(2) dt.30-04-2025 2/3 returned to his house. In the night of 29.04.2024, the petitioner and other co-accused persons assembled near the house of the informant and indiscriminately fired upon his house. Petitioner and other shot at the driver of the informant causing injury to him.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner was not apprehended from the spot and nothing incriminating has been recovered from his possession. Allegations are mostly general and omnibus. Petitioner is in custody since 20.01.2025 and chargesheet has been submitted. Petitioner has got no criminal antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.24780 of 2025(2) dt.30-04-2025 3/3 Judicial Magistrate, Bhojpur at Ara/concerned court in connection with Koilwar P.S. Case No. 208 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T