Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30391 of 2023 Arising Out of PS. Case No.-305 Year-2021 Thana- MANER District- Patna ====================================================== Dhananjay Kumar Son Of Lal Babu Rai @ Dilip Rai R/O Vill. Mauli Nagar, PS- Maner, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 341, 323, 324, 325, 326, 307, 109, 506 of the Indian Penal Code and 27 of the Arms Act.

As per allegation in the FIR, while the informant along with other family members were returning after visiting their mango orchard in the meantime accused persons along with this petitioner attacked the informant and his family members. It is further alleged that co-accused Manoj Kumar handed over the pistol to this petitioner who shot at the chest of the informant and bullet exited from the other side of his body. The other accused persons also assaulted the family members of the informant by means of lathi and iron rod.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.30391 of 2023(3) dt.11-07-2023 2/2 the petitioner is innocent and he has falsely been implicated in the present case due to previous enmity. There is case and counter case between the parties and both have sustained injury. The F.I.R. has been lodged after the delay of two days without giving cogent reason. It is also submitted that petitioner is languishing in judicial custody since 12.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail and submitted that the specific overt-act against this petitioner and firearm injury also sustained on the persons of the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Maner P.S. Case No.305 of 2021on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna.

(Sunil Kumar Panwar, J) lata/- U T