Patna High CourtCR. MISC./35982/2023bail granted

Binod Dhanuk @ Vinod Dhanuk v. The State Of Bhar

2023-06-24Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35982 of 2023 Arising Out of PS. Case No.-415 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== Binod Dhanuk @ Vinod Dhanuk Son Of Kishun Dhanuk R/O VillageShahpur, P.S.-Shahpur, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 415 of 2022 dated 28.11.2022, lodged under Sections 302, 120(b) & 34 of the I.P.C. read with Section 27 of the Arms Act.

4. As per the prosecution case, the F.I.R. has been lodged against thirteen named accused persons including the present petitioner. The specific allegation against six named accused persons is that they started indiscriminate firing, due to which brother of the informant was brutally injured and subsequently died when recommended to hospital.

Patna High Court CR. MISC. No. 35982 of 2023(2) dt.24-06-2023 2/3

5. Learned counsel for the petitioner submits that the petitioner is in custody since 20.12.2022. Counsel submits that there are seven criminal cases pending against the petitioner. In some of the cases, he is on bail and in some of the cases, he is persuading for bail.

6. Learned counsel for the petitioner further submits that from the contents of the F.I.R. itself, it transpires that the petitioner was in jail at the time of occurrence and his name has figured in this case only and only for the purpose of hatching conspiracy for the murder.

7. Learned counsel for the petitioner further submits that the co-accused against whom the allegation of firing is there has been granted bail by the Co-ordinate Bench of this Court vide order dated 25.05.2023 passed in Cr. Misc. No. 28935 of 2023.

8. Learned counsel for the State opposes the prayer for bail.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No. 35982 of 2023(2) dt.24-06-2023 3/3 Magistrate, Bhojpur at Ara in connection with Shahpur P.S. Case No. 415 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

10. With this observation, the bail application stands allowed.

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