Dharmveer Yadav @Dhamivir Kumar @ Dhamveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34348 of 2024 Arising Out of PS. Case No.-668 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Dharmveer Yadav @Dhamivir Kumar @ Dhamveer Yadav SON OF TARNI YADAV VILLAGE- SAKARA PAHARPUR KHAP TOLA, WARD NO. 1, PS- BAKHTIYARPUR, (BALWAHAT OP), DIST- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bakhtiyarpur P.S. Case No. 668 of 2023 dated 07.12.2023 registered for the offences punishable under sections 341, 323, 326, 307 of the Indian Penal Code.

3. As per the prosecution case, due to minor dispute with regard to money, the petitioner came out of his house and opened fire which hit the chest of the informant's son.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of three days in lodging the F.I.R. and there is no plausible explanation for the same. The injury

Patna High Court CR. MISC. No.34348 of 2024(2) dt.14-05-2024 2/2 sustained by the informant's son is found to be simple in nature as stated in para 11 of the bail petition. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Bakhtiyarpur P.S. Case No. 668 of 2023, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T