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Patna High CourtCR. MISC./54961/2022bail granted

Dhirendra Sharma @ Dhirendra Kumar v. The State Of Bihar

2023-01-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54961 of 2022 Arising Out of PS. Case No.-29 Year-2020 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== DHIRENDRA SHARMA @ DHIRENDRA KUMAR S/o LALITESHWAR PRASAD SHARMA R/V- Rampur Chauram, P.S.- Rampur Chauram, DistArwal(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma Adv :

Mr.Kshama Sharma Adv For the Opposite Party/s :

Mr.Lalan Kumar For the Informant : Mr.Chandra Shekhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 354, 379, 504, 506 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioner assaulted on the chest of the informant and his son with bamboo tampah on account of dispute of pathway and the petitioner also tore the blouse of the informant's wife with bad intention and he also snatched golden chain worth Rs. 35,000/-

Patna High Court CR. MISC. No.54961 of 2022(2) dt.17-01-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is land dispute between the parties. Learned counsel further submitted that the allegation of theft is superficial and ornamental. A case under Section 354 is not made out. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as of the case, well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Rampur Chauram P.S. Case No. 29 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.

(Chandra Prakash Singh, J) niku/- U T