Deepak Kumar @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73865 of 2024 Arising Out of PS. Case No.-253 Year-2024 Thana- HISUWA District- Nawada ====================================================== Deepak Kumar @ Dipak Kumar, aged about 26 years, Gender-Male, S/o Dilip Singh @ Dilip Kumar Singh @ Dilip Kumar, R/o Village- Sonwa, P.S.- Hisua (Hisuwa), District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party :

Mrs. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Hisua (Hisuwa) P.S. Case No. 253 of 2024 dated 04.05.2024 registered for the offences punishable under Sections 341, 323, 307, 337 read with Section 34 of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the P.D.S. shop of the informant with arms and the petitioner assaulted with Garasa on his head causing head injury. It is further alleged that the co-accused Dilip Singh assaulted him with Falsa causing cut injury on the finger of his right hand, the co-accused Shiv Pujan Singh assaulted him with lathi and the co-accused Rubi Devi

Patna High Court CR. MISC. No.73865 of 2024(2) dt.23-10-2024 2/3 assaulted him with bricks-stones. It is further alleged that the petitioner and the co-accused Dilip Singh also demanded Rs. 5,000/- per month as Rangdari from him to run the P.D.S. Shop and they also misbehaved with his wife.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that both parties are agnates. There is land dispute between the parties. It is further submitted that no villagers have come forward to support the occurrence. The doctor has examined the informant and has opined the injury to be simple in nature, annexed as Annexure-P/2 to the present bail application. The petitioner has two criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Nawada in

Patna High Court CR. MISC. No.73865 of 2024(2) dt.23-10-2024 3/3 connection with Hisua (Hisuwa) P.S. Case No. 253 of 2024, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:- (I) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T