Dharmendra Yadav @ Dharmendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76539 of 2023 Arising Out of PS. Case No.-387 Year-2023 Thana- BARH District- Patna ====================================================== Dharmendra Yadav @ Dharmendra Prasad Son Of Radhe Shyam Yadav Resident Of Village- Hasanchak (BAHRAMA) Ps -BARH District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Premchandra Yadav, Adv.
For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Barh P.S. Case No. 387 of 2023 dated 22.06.2023 registered for the offences punishable u/ss 341, 323, 379, 307 read with section 34 of the Indian Penal Code and u/s 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have come to the house of the informant and started abusing. On being objected, they slammed down the informant on the ground by catching hold of her hair and started beating her with lathi and danda. The accused persons also snatched golden earring and golden chain from the
Patna High Court CR. MISC. No.76539 of 2023(2) dt.20-12-2023 2/3 informant. It is further alleged that the accused persons fired on the informant's husband due to which he sustained injury.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. Both the parties are close agnates and there is admitted land dispute between the parties. As per injury report of the injured, the injury no. 1 is said to be grievous in nature whereas the injury no. 2 to 4 is simple in nature. The accused persons have already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 09.11.2023 passed in Cr. Misc. No. 72500 of 2023. The petitioner has two criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Barh at Patna in
Patna High Court CR. MISC. No.76539 of 2023(2) dt.20-12-2023 3/3 connection with Barh P.S. Case No. 387 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T