Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69605 of 2021 Arising Out of PS. Case No.-197 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Dhananjay Kumar Son of Chandra Shekhar Singh Resident of Village - Imadpur, P.s.- Bhagwanpur, Distt.- Vaishali, Bihar- 844114 ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabindra Nath Tiwari, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case 197 of 2021 registered under Sections 341, 307 and 326 of the Indian Penal Code read with Sections 25(1-b)a, 26, 35 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in custody since 09.10.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and informant alleges that he received information that some criminals are stabbing one person near an orchard, accordingly he reached the place of occurrence and on seeing the police the accused persons fled and the injured was taken to hospital, who after regaining disclosed his name as Anil and also disclosed that he was stabbed by Rishu, Kanhaiya, Vishal and one

Patna High Court CR. MISC. No.69605 of 2021(2) dt.11-05-2022 2/3 unknown person, further the reason for the occurrence was that the victim used to joke with the wife of Rishu which was not liked by Rishu.

Learned counsel submits that the specific allegation of stabbing against the named accused person in the F.I.R., the petitioner is not named in the F.I.R., his name transpired in the confessional statement of co-accused Kanhaiya, it is submitted that though petitioner is in custody but he was never put on Test Identification Parade (TIP), as such, for the present but only against the petitioner is a confessional statement of co-accused which is no evidentiary like. It is further submitted that the petitioner is a person with clean antecedent and he had absolutely no connection with the named accused persons. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 09.10.2021, is a person with clean antecedent and chargesheet has been submitted in the case and his named transpired in the confessional statement of co-accused and was not named in the F.I.R., let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.69605 of 2021(2) dt.11-05-2022 3/3 the satisfaction of the learned court below where the case is pending/successor court in connection with Bhagwanpur P.S. Case No. 197 of 2021.

(Satyavrat Verma, J) ved/- U T