Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36634 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== 1.

DHIRENDRA KUMAR S/O Kamal Prasad Yadav Resident of Village - Bhagirath Tola, P.S.- Naubatpur, District - Patna. 2.

PINTU KUMAR S/O Birendra Prasad @ Birendra Kumar Resident of Village - Bhagirath Tola, P.S.- Naubatpur, District - Patna. 3.

HARI SHANKAR KUMAR S/o Birendra Prasad @ Birendra Kumar Resident of Village - Bhagirath Tola, P.S.- Naubatpur, District - Patna. 4.

TINKU KUMAR S/O Birendra Prasad @ Birendra Kumar Resident of Village - Bhagirath Tola, P.S.- Naubatpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons

Patna High Court CR. MISC. No.36634 of 2021(2) dt.25-05-2022 2/3 including the petitioners assaulted the informant and his family members by means of lathi, danda and sword, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IIIrd, Danapur, Patna in connection with Naubatpur P.S. case

Patna High Court CR. MISC. No.36634 of 2021(2) dt.25-05-2022 3/3 No.176/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T