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Patna High CourtCR. MISC./27505/2023disposed

Dharamveer Kumar Yadav @ Dharamveer Yadav v. The State Of Bihar

2023-07-11Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27505 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== 1.

DHARAMVEER KUMAR YADAV @ DHARAMVEER YADAV SON OF OM PRAKASH YADAV R/O VILLAGE- TUSLIPUR MIRJAPUR, P.S.- KHARIK, DISTRICT- BHAGALPUR 2.

RANVEER KUMAR YADAV @ RANVEER KUMAR SON OF OM PRAKASH YADAV R/O VILLAGE- TUSLIPUR MIRJAPUR, P.S.- KHARIK, DISTRICT- BHAGALPUR ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 3236, 147, 307, 504, 427, 506 of the Indian Penal Code.

As per the prosecution case, all the F.I.R named accused persons armed with lathi, danda, bricks and stones assaulted the informant in which he sustained head injury and

Patna High Court CR. MISC. No.27505 of 2023(2) dt.11-07-2023 2/3 they also damaged the motorcycle of son of the informant with bricks.

It is submitted that the allegation is general and omnibus. The doctor has found simple injury. Both the parties are agnates. Case and counter case. Petitioners claim clean antecedent.

Learned counsel for the State opposes the prayer for bail and submitted that injury caused by petitioner No 1 ( Dharmveer Kumar Yadav @ Dharamveer Yadav is found to be grievous in nature.

Considering the nature of injury and gravity of allegation, prayer for pre-arrest bail of the petitioner No 1 is rejected.

As per Petitioner No 2 (Ranveer Kumark Yadav @ Ranveer Kumar), there is no specific allegation of assault alleged against him.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No 1, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M 1st Naugachia in connection with Kharik

Patna High Court CR. MISC. No.27505 of 2023(2) dt.11-07-2023 3/3 P.S. case no 197 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T