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Patna High CourtCR. MISC./3330/2021disposed

Dhirendra Yadav @ Dhirendra Kumar v. The State Of Bihar

2021-12-16Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3330 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Dhirendra Yadav @ Dhirendra Kumar Son of Ramashish Yadav Resident of Village - Asnauli, P.s.- Wazirganj, Distt.- Gaya. 2.

Srikant Yadav Son of Ramashish Yadav Resident of Village - Asnauli, P.S.- Wazirganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Dhirendra Pratap Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/323/324/308/379 of the Indian Penal Code. Petitioner Dhirendra Yadav @ Dhirendra Kumar allegedly caused injury at the head of the informant. The doctor has found single laceration at the head of the informant which is simple in nature.

Since petitioner Dhirendra Yadav @ Dhirendra Kumar had knowledge that his act might cause death, I am not

Patna High Court CR. MISC. No.3330 of 2021(3) dt.16-12-2021 2/3 inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused.

Petitioner Srikant Yadav allegedly caused injury with iron rod to Dharmendra Kumar. The doctor has found incised wound which is not possible from hard and blunt substance. As such, the medical report is inconsistent with the prosecution allegation.

Hence, let petitioner Srikant Yadav, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Wazirganj P.S. Case No. 139 of 2020, subject to the condition as laid down under Section 438

(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.3330 of 2021(3) dt.16-12-2021 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T