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Patna High CourtCR. MISC./54662/2022bail granted

Dhananjay Kumar @ Dhananjay Singh v. The State Of Bihar

2022-12-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54662 of 2022 Arising Out of PS. Case No.-212 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== 1.

Dhananjay Kumar @ Dhananjay Singh Son Of Shri Shyam Nath Singh R/O Village- Nisarpura, P.S.- Parsa Bazar, District- Patna 2.

Dhramvir Kuamr @ Dharamvir Singh Son Of Shri Shyam Nath Singh R/O Village- Nisarpura, P.S.- Parsa Bazar, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302/34 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that petitioners and other accused persons assaulted the husband of the informant by means of lathi, danda etc causing his death. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Informant is not eye witness of the occurrence. It is further submitted that there is delay of 16 days

Patna High Court CR. MISC. No.54662 of 2022(2) dt.22-12-2022 2/2 in lodging of the FIR and there is no plausible explanation of delay which itself creates doubt over the prosecution case. Petitioners have got no criminal antecedent.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate VIII Patna in Parsa Bazar Police Station Case No. 212/2022, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T