Dhuldhul Kumar @ Duldul Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55525 of 2022 Arising Out of PS. Case No.-338 Year-2020 Thana- SANDESH District- Bhojpur ====================================================== Dhuldhul Kumar @ Duldul Kumar @ Ranjan Kumar S/O Krishna Singh Resident of Village- Dharmpur, Post- Bichhion, P.S.- Sandesh, DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sandesh P.S. Case No. 338 of 2020 registered for the offence under Sections 147, 148, 149, 447, 448, 504, 506, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 21.06.2022.

The allegation against the petitioner is to assault and also to fire upon informant and others, alongwith co-accused persons having intention to cause their death due to previous enmities, arises out of pending litigations.

Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to fire upon informant is specific

Patna High Court CR. MISC. No.55525 of 2022(2) dt.24-12-2022 2/2 against co-accused, namely, Arjun Kumar, whereas allegation against this petitioner is only to hold the informant, negating intention to cause his death. It is further pointed out that petitioner found involved in two more criminal cases, where he is on bail. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as specific allegation of firing is available against co-accused, namely, Arjun Kumar, where allegation against this petitioner is only to hold the informant coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sandesh P.S. Case No. 338 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-17, Bhojpur at Ara/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T