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Patna High CourtCR. MISC./69431/2023allowed

Dharmendra Yadav @ Dharmendra Singh @ Bedan v. The State Of Bihar

2023-11-01Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69431 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== Dharmendra Yadav @ Dharmendra Singh @ Bedan son of Kamla Yadav Village- Dubauli P.S.- Agion (G) Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Agion (G) P.S. Case No. 112 of 2023 instituted under Sections 147, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code read with Section 27 of Arms Act.

3. As per the prosecution case, petitioner along with other co-accused persons came with lathi, danda and other arms and assaulted the prosecution side. Allegation against the petitioner is that on his order co-accused Rajesh Yadav @ Kukku fired on the nephew of the informant causing firearm injury on his right hand and chest.

4. Learned counsel for the petitioner submits that allegation against the petitioner is after thought. He has falsely

Patna High Court CR. MISC. No.69431 of 2023(2) dt.01-11-2023 2/2 been implicated in this case due to previous enmity. Specific allegation is against co-accused persons Rajesh Yadav @ Kukku and Birendra Yadav @ Binaul and they are in judicial custody. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court where the case is pending in connection with Agion (G) P.S. Case No. 112 of 2023, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T