Dheeraj Kumar @ Chhottu @ Dheeraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25807 of 2019 Arising Out of PS. Case No.-331 Year-2018 Thana- PAROO District- Muzaffarpur ====================================================== DHEERAJ KUMAR @ CHHOTTU @ DHEERAJ KUMAR SINGH Son of Sudhir Kumar Singh Resident of Village- Chochahi, P.S.- Paroo, DistrictMuzaffarpur, State- Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 385, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case as lodged by the informant Ajay Kumar is that he, his brother Arun Kumar, nephew Pankan and a co-villager Santosh went to the orchard. In the meantime, coaccused Gayatri Devi started abusing them and thereafter all the accused persons, including the petitioner variously armed came there and resorted indiscriminate firing, as a result, the

Patna High Court CR. MISC. No.25807 of 2019(3) dt.28-06-2019 2/3 informant, his brother and his nephew received injuries. It has been submitted on behalf of the petitioner that he is innocent and bears no criminal antecedent. He submits that co-accused Sudhir Kumar Singh has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 17417 of 2019 on 29.03.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-3rd, West Muzaffarpur in connection with Paru Police Station Case No. 331 of 2018, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.25807 of 2019(3) dt.28-06-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T