Dhananjay Singh @ Dhananjay Kumar @ Thothi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22905 of 2018 Arising Out of PS.Case No. -606 Year- 2017 Thana -BARBIGHA District- SEKHPURA ====================================================== Dhananjay Singh @ Dhananjay Kumar @ Thothi, S/o Ravi Singh @ Ravi Shankar Singh, R/o Village Sherpar, P.S. Barbigha in the district of Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under Sections 341, 323, 307, 379, 504, 506, 34 and 302 of the Indian penal Code.

It is submitted by the learned counsel for the petitioner that occurrence has taken place in course of altercation arising out a land dispute. There is a case and counter case. The earlier case bearing Barbigha P.S. Case No.605 of 2017 has been lodged by the petitioner's brother Rahul Ranjan. He submits with reference to the dying declaration in pargraph-5 of the case diary and the statement of the informant recorded under Section 164 Cr.P.C. that no specific allegation of assault has been attributed to

Patna High Court Cr.Misc. No.22905 of 2018 (3) dt.23-05-2018 2/2 the petitioner. At best, specific allegation is against Rahul Ranjan of causing the fatal injuries. The petitioner is in custody since 20.2.2018. In the other case, arising out of Barbigha P.S. Case No.110 of 2013 for the offences punishable under Sections 147, 341, 342, 353, 323 of the I.P.C., the petitioner has already on bail. Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in Barbigha P.S. Case No.

606 of 2017 on the following conditions : - One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) N.H./- U T