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Patna High CourtCR. MISC./48098/2025allowed

Dinesh @ Dinesh Poddar @ Dinesh Modi v. The State Of Bihar

2025-11-12Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48098 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- MOHANPUR District- Jamui ====================================================== Dinesh @ Dinesh Poddar @ Dinesh Modi, s/o Ramdev Modi, Resident of village- Mohanpur, P.S.- Mohanpur, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-11-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Mohanpur P.S. Case No. 18 of 2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 324(4)(5), 89 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegedly on the fateful day, while the informant was managing his grocery shop, in the meanwhile, all the eight named accused persons, including the petitioner, armed with Lathi, Danda and Farsa came there and brutally assaulted him. It is specifically alleged that petitioner gave Farsa blow over the head of the informant, due to which he sustained serious injury. There is further allegation of assaulting and snatching valuables against other accused persons.

Patna High Court CR. MISC. No.48098 of 2025(3) dt.12-11-2025 2/3

4. Learned Advocate for the petitioner submitted that in fact the informant's side was aggressor and they had caused assault against the family members of the petitioner, due to which they sustained serious injuries, leading to institution of Mohanpur P.S. Case No. 17 of 2025, which is earlier point of time. The prosecution has failed to explain the injury sustained to the family of the petitioner. So far the injury sustained over the head of the informant is concerned, the same has been found to be simple in nature. The petitioner though bears one criminal antecedent, however, he is on bail in the said case.

5. On the other hand, learned APP for the State opposes the bail application and submits that the corresponding injury over the head of the informant clearly speaks about the complicity of the petitioner in the crime.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the factum of case and counter case, coupled with the simple nature of injury, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.48098 of 2025(3) dt.12-11-2025 3/3 satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Mohanpur P.S. Case No. 18 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T