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Patna High CourtCR. MISC./39810/2023allowed

Dhiraj Singh v. The State Of Bihar

2023-08-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39810 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== DHIRAJ SINGH Son of Harendar Singh Resident of village - Balua, P.S. - Ara Mufassil, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP For the Informant :

Mr.Nagadeo Choubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 379, 307, 504, 34 IPC. 3.

Allegedly, the petitioner along with other accused is said to have assaulted the informant's father and sisters by means of sharp edged weapon.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Parties are agnates and there is admitted prior dispute between them. Though there is allegation against the informant

Patna High Court CR. MISC. No.39810 of 2023(3) dt.08-08-2023 2/2 to assault the informant's side but in the impugned order, only the dimension of the injury and nature of injury is not mentioned. Petitioner has no criminal antecedent and some of the co-accused have been granted regular bail by the learned court below itself.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Ara Muffasil P.S. Case No.64 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T