Dharmendra Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48041 of 2022 Arising Out of PS. Case No.-66 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== DHARMENDRA KUSHWAHA S/o Madan Kushwaha R/o village- Sahaj Tola Barwa, P.S.- Dhanaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baxi SRP Sinha, Sr. Adv.

Mr. Zainul Abedin, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP For the informant :

Mr. Suresh Pd. Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2022 Heard the parties.

Petitioner is an accused in connection with Dhanaha Mahila PS Case No. 66/2020 registered for the offences punishable under Sections 341, 323, 307, 302, 504 and 120(B)/34 of the IPC. He has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide order dated 14.12.2021 passed in Cr. Misc. No. 30911/2021 with an observation that the petitioner may renew his prayer for bail after nine months. Allegation as per FIR is that the petitioner along with other co-accused persons, ten in number, assaulted the informant and his son, due to which, the son of the informant died. Learned senior counsel for the petitioner submits that this is the second attempt on behalf of the petitioner for grant of regular bail and he has remained in custody since 07.01.2021. He further submits that all the similarly situated accused persons

Patna High Court CR. MISC. No.48041 of 2022(2) dt.28-09-2022 2/2 have been granted bail by the Benches of this Court vide Annexure-3 Series.

Regards being had to the submissions made by the parties, taking into consideration the fact that this is the second attempt for bail on behalf of the petitioner, petitioner is in custody since 07.01.2021 and all the similarly situated accused persons have been granted bail by the Benches of this Court vide Annexure-3 Series , I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Dhanaha PS Case No. 66/2020, subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) perwez U T