Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57236 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== DHARMENDRA SINGH, aged about 19 years (Male), Son of Parmanand Singh @ Permanand Singh, Resident of Village-Milki, P.S-Udwantnagar, District-Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravindra Kumar, Advocate.

For the Informant : Mr. Shiv Prasad Gupta, Advocate. For the Opposite Party :

Mr.Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 323 and 307 of the IPC. Later on, Section 302 of the IPC was also added. The prosecution story, in brief, is that on 23.04.2019 at about 12.30 P.M., the F.I.R. named accused persons, namely, Laldhari, Bachha Babu, Jajan Singh, Panchraj Singh, Anil Singh, Upendra Singh, Dheeraj Singh, Ram Laddu Singh, Dharmendra Singh (petitioner), wives of Laldhari Singh and Anil Singh having armed with Lathi, Bhala and Iron rod came to the land of informant and started raising wall on his land and when he and his uncle Mohan Singh, Munilal and his Fua raised

Patna High Court CR. MISC. No.57236 of 2019(2) dt.12-09-2019 2/3 objection, on which, co-accused Laldhari Singh having armed with Bhala with an intention to commit murder, assaulted his uncle on his head but injury caused on forehead and blood came out and co-accused Bacha Singh by means of Iron rod, assaulted his another uncle Munni Lal on his head and blood came out and when his Fua came there then all accused persons by means of Lathi and Dab assaulted her by which she caused injury and whose treatment was done in Ara Sadar Hospital and for better treatment referred to P.M.C.H.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 24.04.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Specific allegation of assault is against co-accused Laldhari Singh and Bachha Singh. As far as this petitioner and other 11 persons are concerned, general and omnibus allegation has been made against them. No specific injury is attributed against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties.

Patna High Court CR. MISC. No.57236 of 2019(2) dt.12-09-2019 3/3 On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara, in connection with Udwantnagar P.S. Case No. 154 of 2019.

(Sudhir Singh, J) U.K./- U T