Dhanraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57185 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Dhanraj Kumar son of Parmanand Paswan, Resident of village- G.I.D. P.S. Dulhin Bazar, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Veena Rani Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Dulhin Bazar P.S.Case No. 36/2015 under Section 302/34 of the I.P.C. & 27 of the Arms Act. Learned counsel for the petitioner submits that though there is specific allegation against the petitioner that he had fired at the right side of the Panjra of the son of the informant, subsequently, during re-statement of the informant himself as well as other witnesses, it has come on record that only Nand Lal Kumar @ Ganesh Kumar had in fact fired at the chest of the deceased, resulting in his death.

So far as the allegation against the present petitioner

Patna High Court Cr.Misc. No.57185 of 2015 (4) dt.21-04-2016 2/2 Dhanraj Kumar is concerned, the Post mortem report also indicates that there is communicating injury on the chest of the deceased and there was no injury on the right side of panjra of the deceased.

Considering the facts and circumstances of the case that there is no cogent material in the case diary to substantiate the allegation against the petitioner of fire on the person of the deceased, let the petitioner, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Shyamal Kumar, Judicial Magistrate, 1st class, Danapur, Patna in connection with Dulhin Bazar P. S. Case No. 36/2015, subject to condition as laid down under Section 438( 2) of Cr. P.C. (Anjana Mishra, J) Sudha/- U T