Dhananjay Kumar @ Dhananjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30299 of 2020 Arising Out of PS. Case No.-112 Year-2020 Thana- BARHARIA District- Siwan ====================================================== DHANANJAY KUMAR @ DHANANJAY SINGH S/o Datta Ram Singh R/o Vill.-Bhamopali, P.S.-Barhariya, Distt.-Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harendra Prasad For the Opposite Party/s :
Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 504, 307/34 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons variously armed with talwar, farsa and iron rod came
Patna High Court CR. MISC. No.30299 of 2020(2) dt.17-12-2020 2/3 and started abusing the informant and the accused persons including the petitioner attacked on the informant. The petitioner gave farsa blow on the head of the informant. The other accused assaulted Ali Akbar, Aftab Alam and Md. Sohail, due to which they sustained injuries.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is a case and counter case between the parties. For petty reason the alleged occurrence is said 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. The nature of injury is simple. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.30299 of 2020(2) dt.17-12-2020 3/3 Magistrate, Siwan in connection with Barhariya P.S. case No.112 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T