Bhanta Gope @ Avinash Kumar Dhiraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51250 of 2021 Arising Out of PS. Case No.-245 Year-2020 Thana- DIGHA District- Patna ====================================================== BHANTA GOPE @ AVINASH KUMAR DHIRAJ S/o SHRI SURESH RAI R/o MOHALLA-SULTANPUR, KOIRI TOLA, P.S.-DANAPUR, DISTRICTPATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 188, 268, 269, 270, 341, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Digha P.S. Case No. 245 of 2020.
As per allegation, the informant got an information that 6-7 persons were engaged in dismantling the boundary wall on his plot. He saw co-accused Shailesh Kumar, Dhiraj @ Sudhir Kumar and the present petitioner as well as co-accused Shankar Mandal and other 3-4 persons were dismantling the
Patna High Court CR. MISC. No.51250 of 2021(2) dt.21-06-2022 2/3 gate fixed on his land. They also threatened the informant to kill. When the police came, they managed to escape after opening fire.
The learned counsel for the petitioner has submitted that there is land dispute between the parties. The petitioner is a person of clean antecedents and on similar footing co-accused Banti Mahto @ Ravi Shekhar Prasad @ Ravi Shekhar Kumar has been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc No. 15775 of 2021, vide order dated 28.02.2022.
Considering the above facts and circumstances, specially the fact that the petitioner is the person of clean antecedents, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXVI, Patna in connection with Digha P.S.Case No. 245 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided
Patna High Court CR. MISC. No.51250 of 2021(2) dt.21-06-2022 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T