Dharmendra Kumar @ Dharmendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49170 of 2024 Arising Out of PS. Case No.-593 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Dharmendra Kumar @ Dharmendra Sah Son Of Parmanand Sah R/OVillage- Bhadas, P.S.- Muffasil, Distt.- Khagaria 2.
Jitendra Kumar Sah @ Jitendra Sah Son Of Parmanand Sah R/O- VillageBhadas, P.S.- Muffasil, Distt.- Khagaria 3.
Sachin Kumar Son Of Parmanand Sah R/O- Village- Bhadas, P.S.- Muffasil, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Adv.
For the Opposite Party/s :
Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Khagaria (Mufassil) P.S. Case No. 593 of 2019, G.R. No. 2246 of 2019 registered under Sections 448, 341, 323, 307, 379, 504 and 324/34 of the Indian Penal Code.
3. As per the prosecution case, all the F.I.R. named accused persons including these petitioners and 10 unknown persons came at the house of informant and started abusing him. On protest made by informant, all the accused persons assaulted informant and his family members, as a result of which, they
Patna High Court CR. MISC. No.49170 of 2024(2) dt.07-08-2024 2/3 sustained injuries.
4. Learned counsel appearing on behalf of the petitioners submits that due to land dispute between the parties, a maarpit took place. Allegation of assault is general and omnibus. Police after investigation has submitted final form. All alleged sections are bailable except Sections 307 and 379 of the I.P.C. which are not applicable against these petitioners. It is further submitted that the injuries allegedly caused by these petitioners are simple in nature. Petitioners claim clean antecedent.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application and submits that petitioners are named in the First Information Report. There is specific allegation of assault against these petitioners.
6. Having considered the accusation as well as the nature of injuries allegedly caused by these petitioners, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Khagaria in connection with Khagaria (Mufassil) P.S. Case No. 593 of 2019, G.R. No. 2246 of 2019, subject to
Patna High Court CR. MISC. No.49170 of 2024(2) dt.07-08-2024 3/3 the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T