Dharmendra Kumar @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4211 of 2023 Arising Out of PS. Case No.-66 Year-2019 Thana- PARAIYA District- Gaya ====================================================== DHARMENDRA KUMAR @ DHARMENDRA YADAV S/o Late Gopal Yadav R/o village- Bishunpur, P.S.- Paraiya, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunal Tiwary, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 19.08.2022 in connection with Paraiya P.S. Case No. 66 of 2019, F.I.R. dated 04.05.2019 registered for the offence punishable under Sections 147,148,149,307,379,385 of IPC. Allegation against the petitioner is that he assaulted to the informant by means of iron rod upon which he sustained injury.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case due to admitted land dispute. Further submits that as per FIR allegation against the petitioner is of hitting

Patna High Court CR. MISC. No.4211 of 2023(5) dt.03-07-2023 2/3 the informant with his fists and blow on informant's head and snatching away Rs.30,000/- from the pocket of the informant. Further submits that in fact the injury is grievous in nature but due to admitted land dispute the present occurrence had taken place and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 19.08.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries six more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in paras-2 and 3 of the 3rd supplementary affidavit. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Gaya in connection with Paraiya P.S. Case No. 66 of 2019,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.4211 of 2023(5) dt.03-07-2023 3/3 without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T