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Patna High CourtCR. MISC./30768/2025bail granted

Dhirendra Kumar @ Dhilendra Kumar v. The State Of Bihar

2025-05-15Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30768 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- BANSHI District- Jehanabad ====================================================== Dhirendra Kumar @ Dhilendra Kumar Son of Chanardhan Paswan Resident of Village - Mubarakpur, P.S.- Banshi, District - Arwal (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Banshi P.S. Case No. 64 of 2024, dated 24.05.2024, lodged under Sections 323, 341, 447, 307, 379, 354, 504 and 506 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner with an allegation that they all entered into the house of the informant and assaulted by lathi and rod and also snatched the jewelleries from the informant's family. Allegation of assaulting to the informant's son is also there by lathi due to which injury

Patna High Court CR. MISC. No.30768 of 2025(3) dt.15-05-2025 2/3 has been caused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the contents of FIR it become crystal clear that all allegations are general and omnibus in nature. Nothing act or overt act has been alleged in the FIR. He submits that in para-8 he has described the cause due to which petitioner's name has been inserted. Counsel submits that both informant and petitioner are neighbor and co-villagers and there are some dispute relating to drain and street between them. Counsel also submits that there is no specific allegations or materials on record to attract ingredients of Sections 307, 379 and 354 is attracted against the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Additional Chief Judicial Magistrate, 1st

Patna High Court CR. MISC. No.30768 of 2025(3) dt.15-05-2025 3/3 Class, Arwal, in connection with Banshi P.S. Case No. 64 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Sudhanshu/- U T