Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43346 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== DHIRAJ KUMAR S/O ABLESH PRASAD Resident of Village- Mahadev Bigha P.S.- Parasbigha, District- Jehanabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Sinha, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 353, 504, 427 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 10.01.2022 at about 8:10 hrs he along with other police personnel reached at village Mahadev Bigaha and found two tractors laden with sand, it is next alleged that on seeing police, driver of both the tractors fled, further owner of both the tractors along with some villagers came and engaged in a scuffle with the informant and other police personnel, it is further alleged that one Pintu and petitioner started driving the
Patna High Court CR. MISC. No.43346 of 2022(2) dt.13-12-2022 2/3 apprehended tractor and even tried to kill the informant by running him over but somehow he managed to save himself but in the process, a police motorcycle was damaged. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, he is not the owner of the tractor rather the tractor is registered in the name of his father, it is further submitted that during the course of investigation, in the supervision, it has been recorded that it is a case which does not attract Section 307 of the I.P.C. Learned counsel further submits that petitioner is a student and has passed his secondary school examination in the year 2014-15 with 9.
6 CGPA and is appearing in various competitive examinations and is also pursing his Graduation from Magadh University Bodhgaya, it is next submitted that petitioner is a young boy aged about 20 years and if he is sent to jail, his entire career would be jeopardized and chances are bright that he may come in contact with hardened criminals when admittedly he is a person with clean antecedent.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.43346 of 2022(2) dt.13-12-2022 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Parasbigha P.S. Case No. 05 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T