Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40221 of 2020 Arising Out of PS. Case No.-367 Year-2012 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== DHARMENDRA KUMAR Son Of Asharfi Ray Resident Of Village - Jethui, P.S. - Industrial area Hajipur, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2021 Heard Mr. Yugal Kishore, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 367 of 2012 registered for the offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code 1860 and Section 3/4 of Explosive Substance Act.

The allegation against the petitioner as per the First Information Report is that he along with other coaccused persons exploded bomb in order to terrorize the people of minority community and when they were chased,

Patna High Court CR. MISC. No.40221 of 2020(3) dt.24-03-2021 2/3 they left the Motorcycle bearing registration No. BR-1Z8571 which was seized by the Police along with the remains of country made bomb.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics and he has not committed any offence in the manner alleged. Learned counsel further submits that the petitioner has got no criminal antecedent and he is in custody since 22.8.2020. Learned counsel also submits that the Motorcycle which was seized does not belong to him. Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner is not the owner of the Motorcycle and he is in custody since 22.8.2020 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur

Patna High Court CR. MISC. No.40221 of 2020(3) dt.24-03-2021 3/3 Town P.S. Case No. 367 of 2012 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T