Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3048 of 2021 Arising Out of PS. Case No.-452 Year-2020 Thana- BIHTA District- Patna ====================================================== DHANANJAY KUMAR Son of Ram Ayodhaya Yadav Resident of Village - Pandeychak, Police Station - Bihta, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh For the informant :

Mr. Sanjay Kumar Singh, Adv..

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code as well as 27 of the Arms Act. Allegedly, while the informant was returning after running practice in the morning, he was the accused persons having variously armed cutting the passage of Sand Ghat, standing in the name of informant's brother. On protest, all the accused persons surrounded him and started assaulting. The informant anyhow succeeded to escape. It is further alleged that on the

Patna High Court CR. MISC. No.3048 of 2021(2) dt.15-07-2021 2/3 order of Ram Ayodhya Yadav, co-accused Saheb Lal opened fire with Katta aiming the informant, as a result of which, the informant received fire-arm injury in right thigh. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of assault is alleged against co-accused Saheblal.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Danapur, Patna in connection with Bihta P.S. Case No. 452 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.3048 of 2021(2) dt.15-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T