Dhiraj Singh @ Dhiraj Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42677 of 2024 Arising Out of PS. Case No.-221 Year-2021 Thana- MANIHARI District- Katihar ====================================================== Dhiraj Singh @ Dhiraj Thakur Son Of Arvind Kumar Singh VillageBakharpur, P.S.- Pirpaity, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priya Ranjan, Adv For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Manihari P.S. Case No. 221 of 2021 dated 16.10.2021 registered for the offences punishable u/s 341, 323, 325, 307, 379, 427, 327, 120(B), 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons along with four unknown miscreants boarded on the two motorcycles came near the shop of the informant and started assaulting him with lathi, danda, fist and legs causing head injury. When the father of the informant came to rescue him then the accused persons started assaulting the
Patna High Court CR. MISC. No.42677 of 2024(2) dt.25-06-2024 2/3 informant's father. It is further alleged that all the accused person damaged the grocery articles and took away Rs. 5,000/- from the shop of informant. They fled away firing four to five rounds.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The injury which is sustained by the informant is simple in nature. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.01.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the injury which is sustained by the injured is simple in nature, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar, in connection with Manihari P.S. Case
Patna High Court CR. MISC. No.42677 of 2024(2) dt.25-06-2024 3/3 No. 221 of 2021, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T