Dhiraj Kumar @ Dhiraj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73206 of 2024 Arising Out of PS. Case No.-275 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Dhiraj Kumar @ Dhiraj Rai S/o Sakaldev Rai R/o vill - Raghunathpur, P.S. - Shebpur Kamal, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302, 307/34 of the IPC and section 27 of the Arms Act.

3.

As per the F.I.R., one Prakash Rai shot upon the husband of the informant due to which he died and the petitioner is said to have shot upon the daughter of the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. It is submitted that after investigation, the police has filed final form against the petitioner but during trial, the petitioner was summoned u/s 358 of the BNSS, on the basis of deposition of the witnesses.

Patna High Court CR. MISC. No.73206 of 2024(2) dt.24-10-2024 2/2 Petitioner has one criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering that summon was issued to the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with S. Kamal P.S. Case No.275 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, petitioner is directed to co-operate in the trial and shall remain physically present before the Court on each and every date during trial and if he fails to appear on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below itself.

(Anjani Kumar Sharan, J) pallavi/- U T