Dhela Rai @ Dhola Rai @ Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52621 of 2023 Arising Out of PS. Case No.-28 Year-2021 Thana- DIGHWARA District- Saran ====================================================== DHELA RAI @ DHOLA RAI @ ASHUTOSH KUMAR Son of Late Ramayan Ray Resident of Village-Saidpur, P.S.-Dighwara, District-Saran at Chhapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
3. There is allegation against the petitioner is that he along with other co-accused persons are said to have assaulted the informant and his wife.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that though the
Patna High Court CR. MISC. No.52621 of 2023(3) dt.30-08-2023 2/2 petitioner has been named in the FIR but he is not the assailant that would be apparent from the FIR itself. He further submits that the injuries found upon the victims are simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dighwara P.S. Case No.28 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T