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Patna High Court/33541/2020bail granted

Dhananjay @ Dhananjay Kumar v. The State Of Bihar

2021-03-10Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33541 of 2020 Arising Out of PS. Case No.-140 Year-2020 Thana- BASANTPUR District- Siwan ============================================== DHANANJAY @ DHANANJAY KUMAR Son of Sanjay Kumar Duve @ Sanjay Kr. Dubey Resident of Village - Sipah Tola, Police Station - Basantpur, District - Siwan.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr. Rajendra Prasad ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2021 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Mr. Rajendra Prasad, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Basantpur P. S. Case No. 140 of 2020 dated 06.04.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 188, 269, 270, 271, 504 and 506 of the Indian Penal Code and Sections 51(b) of the NDMA, 2005.

The accusation in the F.I.R. is that several persons (39 named and 40-45 unnamed) assaulted the informant

Patna High Court CR. MISC. No.33541 of 2020(2) dt.10-03-2021 2/3 and his friend which led to injuries on the informant and death of one Md. Rafique Alam.

The case initially was instituted under Section 307 of the Indian Penal Code but with the death of Md. Rafiq Alam, Section 302 of the IPC has been added.

The learned counsel for the petitioner has submitted that there is general and omnibus allegation against all the accused persons including the petitioner and nothing specific has been attributed against him. Similarly situated persons have been granted bail by different Benches of this Court.

Considering the afore-stated facts and the vague nature of allegation against the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan, in connection with Basantpur P. S. Case No. 140 of

Patna High Court CR. MISC. No.33541 of 2020(2) dt.10-03-2021 3/3 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) sunilkumar/- U T