Dharmendra Singh @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46896 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- KARPI District- Jehanabad ====================================================== DHARMENDRA SINGH @ DHARMENDRA YADAV Son of Prabhu Singh Resident of Village - Pathak Chak, P.S.- Karpi, District - Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Karpi P.S. Case No. 54 of 2022 registered for the offence under Section 341, 323, 324, 307, 354, 379, 507, 426, 506 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 16.06.2022.

The allegation against the petitioner is to made an attempt to commit murder of informant and others, along with other co-accused persons, while making an assault with lathi, farsa, rod etc. causing multiple body injuries.

Patna High Court CR. MISC. No.46896 of 2022(2) dt.24-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that occurrence is free fight in nature, where petitioner was not under intention to cause death of the informant and others. It is submitted that allegation against this petitioner is to assault one injured, namely, Manish, where only three injuries were found out of which two are simple in nature, whereas injury no.1 is without specifying any nature. While concluding the argument, it is submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as occurrence is free fight in nature, where petitioner is in custody since 16.06.2022 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Karpi P.S. Case No. 54 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Arwal/concerned Court, subject to the conditions as laid down

Patna High Court CR. MISC. No.46896 of 2022(2) dt.24-12-2022 3/3 u/s 437(3) of the Cr.P.C with further condition: "That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents."

(Chandra Shekhar Jha, J) R.S.Sen/- U T