Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48317 of 2024 Arising Out of PS. Case No.-999 Year-2023 Thana- BIHTA District- Patna ====================================================== Dhananjay Kumar S/O Sidhi Rai Resident Of Village-Daulatpur, P.S.- Bihta, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bihta P.S. Case No. 999 of 2023 instituted for the offence under Sections 341, 323, 307, 448, 504 & 506/34 of the Indian Penal Code .

3.

Prosecution case as emanated from the FIR is that the accused persons, including the petitioner, have assaulted the informant with iron rod due to which he sustained injures. It is further alleged that one of the co-accused has snatched the gold chain of the informant.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.48317 of 2024(2) dt.10-07-2024 2/3 that the petitioner is in custody since 19-03-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is general and omnibus allegation levelled against the petitioner. There is no specific allegation attributed to the petitioner, rather specific allegation of assault is against coaccused, namely, Nirbhay Kumar, who has assaulted the informant by giving iron blow on his head. It is next submitted that there is case and counter case between the parties. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no direct allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.48317 of 2024(2) dt.10-07-2024 3/3 Court below/concerned Court in connection with Bihta P.S. Case No. 999 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T