Dharmendra Kumar @ Dharmendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64596 of 2022 Arising Out of PS. Case No.-401 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Dharmendra Kumar @ Dharmendra Rai Son Of Parsuram Rai @ Parsuram Ray R/V- Kharhania, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Nandan, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 323, 324, 307, 354, 379, 325 and 504 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused persons are alleged to have assaulted the informant and his family members. The co-accused person inflicted a blow of sword on the head of the informant and co-accused person Prasuram Rai also inflicted blows of knife on the back of the Maghu Rai. Later on the injured were taken to the hospital for treatment.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.64596 of 2022(2) dt.22-03-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submitted that the main allegation of inflicting blow of sword and knife is against the co-accused persons. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 09.06.2022 passed in Cr. Misc. No. 1855 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur (West) in connection with Paroo P.S. Case No. 401 of 2021.
The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T