Dhananjay Yadav @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23607 of 2018 Arising Out of PS.Case No. -972 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Dhananjay Yadav @ Dhananjay Kumar, Son of Rajnandan Yadav, resident of Village- Dilabarpur, Police Station- Bihta, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2,Adv. For the Opposite Party/s : Mr. Sri Nand Kishore Pd,A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Bihta P.S. Case No.972 of 2017, registered for offences alleged under Sections 147, 148, 149, 341, 323, 326, 307, 337 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that as per allegations made in Annexure-1 this petitioner is said to have fired indiscriminately which hit Amod Yadav and Arvind Yadav and they suffered injuries. Learned counsel submits that from perusal of Annexure-2 it will appear that this petitioner had also lodged a First Information Report which was prior in time for the same

Patna High Court Cr.Misc. No.23607 of 2018 (4) dt.11-06-2018 2/3 occurrence wherein he was assaulted by the informant of Annexure-1 and his parties. It is submitted that this petitioner was also admitted in hospital for treatment from where he was arrested. Learned counsel submits that on perusal of Paragraph-50 of the case diary which has been referred by the learned Single Judge while rejecting the prayer of regular bail of the petitioner, it would appear that the injury report has been manufactured only at a later stage as there is no description of the injuries in Paragraph-50 of the case diary. The nature of injury is stated to be grievous but except that nothing more is stated. The injured were discharged from the hospital on 09.12.2017 as is apparent from Paragraph 50 of the case diary.

Learned APP for the State is present and has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, particularly the nature of dispute, the parties are co-villagers and there is a case and counter case besides that the petitioner has no criminal antecedent and has remained in custody for more than 6 months by now, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st, Danapur, Patna

Patna High Court Cr.Misc. No.23607 of 2018 (4) dt.11-06-2018 3/3 in connection with Bihta P.S. Case No.972 of 2017, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T