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Patna High CourtCR. MISC./52807/2024bail granted

Dharmendra Kumar @ Munchun Rai @ Munchun Kumar @ Munchus Rai @ Munchus Kumar v. The State Of Bihar

2024-09-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52807 of 2024 Arising Out of PS. Case No.-246 Year-2022 Thana- PATNA GRP CASE District- Patna ====================================================== Dharmendra Kumar @ Munchun Rai @ Munchun Kumar @ Munchus Rai @ Munchus Kumar son of Shyam Bahadur Ray Village- Jethuli Ps- Fatuha DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 337, 338, 353, 427 of the Indian Penal Code and Sections 141, 145, 146 of the Railway Act.

3. As per prosecution case, the informant, who is ASI in RPF, saw that some persons were unloading the jute bags from train and when he tried to stop them for checking the bags, he was attacked by 15-20 persons by screw driver and stone, due to which, he got injured.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name transpired during course of investigation in the confessional statement of

Patna High Court CR. MISC. No.52807 of 2024(2) dt.20-09-2024 2/2 co-accused Randhir Kumar. It is further submitted that similarly situated co-accused has already been granted anticipatory bail by this Hon'ble Court vide order dated 14.05.2024 passed in Cr. Misc. No. 22981 of 2024.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Railway Court, Patna Junction, Patna in connection with GRP Patna (Bankaghat) P. S. Case No. 246 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T