Dinesh Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.897 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Dinesh Modi S/o Late Upendra Modi Resident of Vill.- Dhamdaha North, P.S.- Dhamdaha, Distt.- Purnea.

2.

Umesh Modi S/o Late Upendra Modi Resident of Vill.- Dhamdaha North, P.S.- Dhamdaha, Distt.- Purnea.

3.

Vishal Modi S/o Sri Mahesh Modi Resident of Vill.- Dhamdaha North, P.S.- Dhamdaha, Distt.- Purnea.

4.

Pappu Modi S/o Sri Umesh Modi Resident of Vill.- Dhamdaha North, P.S.- Dhamdaha, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 324, 325, 307, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant, his wife and son by means

Patna High Court CR. MISC. No.897 of 2021(2) dt.15-07-2021 2/3 of lathi, danda and iron rod, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. The petitioners have been made accused due to previous enmity between the parties.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned C.J.M., Purnia in connection with Dhamdaha P.S. case No.106 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.897 of 2021(2) dt.15-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T