Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72740 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- ALIPUR District- Gaya ====================================================== DHANANJAY KUMAR Son of Dinesh Ram @ Dinesh Singh R/v- Kapeya, P.S.- Alipur and District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP.

Mr. Indu Shekhar Dwivedi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 354, 379, 307, 504 and 506 of the Indian Penal Code. Allegedly, petitioner, along with other accused persons, assaulted the informant side with deadly weapons as a result of which the informant side sustained injuries. Petitioner is said to have assaulted the informant's brother-in-law Dayanand by means of rod on his head.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to village politics. The allegation

Patna High Court CR. MISC. No.72740 of 2022(2) dt.21-03-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted enmity between the parties. Although the allegation against the petitioner that he assaulted Daya Nand by means of rod, but as per the injury report, the injury sustained by the victim is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the injury sustained by the victim is simple in nature, 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 Alipur P.S. Case No. 87 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T