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Patna High CourtCR. MISC./36148/2024allowed

Dhannu Kumar v. The State Of Bihar

2024-06-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36148 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- SONEPUR District- Saran ====================================================== Dhannu Kumar Son of Kameshwar Mahto Resident of Village-Kharika,P.S.- Sonpur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Prasad, Advocate.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sonpur P.S. Case No.173 of 2023 instituted under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he alongwith other accused persons went to the door of the informant and co-accused Nirala Kumar inflicted axe blow on the head of the informant. Further allegation is that they disrobed the informant's wife.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous enmity. He further submits that there is

Patna High Court CR. MISC. No.36148 of 2024(2) dt.21-06-2024 2/2 general and omnibus allegation against the petitioner. Learned counsel submits that similarly situated co-accused Nirala Kumar has been granted anticipatory bail by this Court vide order dated 13.03.2024 passed in Cr. Misc. No.15804 of 2024. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonpur P.S. Case No.173 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T