Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45946 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== DHARMENDRA SINGH S/O BABAN SINGH R/o village- Nayaka Barka Baiju Tola, P.S.- Revilganj, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal Code.

The petitioner along with other co-accused is said to have come to the house of the informant and started slating them. When the mother of the informant forbade to do so, they assaulted them by means of lathi and danda. When the

Patna High Court CR. MISC. No.45946 of 2021(3) dt.27-10-2021 2/3 informant and his brother rushed in their rescue the petitioner resorted firing.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to dirty village politics. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Charge has been framed against the petitioner on 29.06.2021. The petitioner has no criminal antecedent and has been languishing in custody since 08.02.2021. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chapra Muffasil P.S. Case No.52 of 2021, vide Sessions Trial No.346 of 2021, subject to the following conditions :

(1) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.45946 of 2021(3) dt.27-10-2021 3/3 preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(5) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T