Patna High CourtCR. MISC./40431/2024bail granted

Dipak Kumar v. The State Of Bihar

2024-06-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40431 of 2024 Arising Out of PS. Case No.-508 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Dipak Kumar Son Of Anand Ray @ Nandu Ray Village- Malighat Bharat Mata Chowk, Ps- Mithanpura Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Jyotsna Rani Mishra For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024

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

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 353, 504 and 34 of the Indian Penal Code and Section 37 of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and has been falsely implicated in the instant case by the informant with an allegation that on 12.11.2023, the informant got an information about the illegal liquor, accordingly, he reached the place of occurrence, where he saw that 7-8 persons were creating ruckus and when they saw police force, they got agitated and started scuffling with the police, in which, one policeman was injured.

Patna High Court CR. MISC. No.40431 of 2024(2) dt.28-06-2024 2/2 The learned counsel submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of assaulting the policeman is general and omnibus in nature. It is also submitted that even the injury suffered by the injured is simple in nature and the petitioner is in custody since 24.04.2024.

4. Learned A.P.P. opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mithanpura P.S. Case No.508/2023.

(Satyavrat Verma, J) amit/- U T