Dhanji Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36750 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== Dhanji Singh son of Aniruddh Singh Village- Kauwadih Ps- Kargahar DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Prakash, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 379, 307, 354-A, 448, 504 and 506 read with Section 34 of the IPC in connection with Kargahar P.S. Case No.292 of 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case at the instance by the informant based on general and omnibus allegation of assault. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no reason for the occurrence has been alleged. It is next submitted that there was a dispute in between the family of the petitioner and the informant with

Patna High Court CR. MISC. No.36750 of 2024(2) dt.30-08-2024 2/3 respect to a piece of land, it is further submitted that though in the FIR, it is alleged that Anirudh along with Uday Narayan and Rubi Kumari assaulted with sharp-edged weapon to Yashwant Kumar, causing injury on his head but then there is no injury report of Yashwant Kumar on record. It is further submitted that as far as this petitioner is concerned he is alleged to have, assaulted the informant along with Bihari Singh by garasa, causing injury on head.

4. On query of the Court that what is the nature of the injury suffered by the informant on account of assault made by the petitioner and Bihari, the learned counsel fairly submits that the opinion with respect to the injury till date is reserved.

5. The learned APP opposes the anticipatory bail application and submits that petitioner along with Bihari Singh is alleged to have assaulted the informant by garasa causing injury on head. Further the opinion with regard to the injury is reserved, which amply demonstrates that the injury was not simple in nature. Further the allegation of assaulting informant is on his vital part of the body i.e. head.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.36750 of 2024(2) dt.30-08-2024 3/3 within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Kargahar P.S. Case No.292 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. However, it is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the injury report of the informant and in the event if it is found that the injury suffered by the informant on head is grievous in nature, in that event, the present anticipatory bail order shall not be given effect to.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T