Dipu Kumar @ Mantosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78368 of 2023 Arising Out of PS. Case No.-860 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== DIPU KUMAR @ MANTOSH KUMAR SON OF MADAN SINGH R/O VILLAGE KHAIRA, P.S.- DARIGAON, DISTRICT- ROHTAS. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on 03.06.2022, at about 07:00 PM, when the informant was passing through Khaira village to get water bottles, one accused person tried to snatch articles. In the meantime, co-accused Ashutosh and petitioner started abusing him. On objection, co-accused Ashutosh fired four bullets. They also assaulted the informant
Patna High Court CR. MISC. No.78368 of 2023(2) dt.11-12-2023 2/3 and his friends, namely, Rahul and Sonu due to which they sustained injuries.
4. 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 ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have sustained injuries. The injuries sustained by the victims are simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the injuries sustained by the injured are 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
Patna High Court CR. MISC. No.78368 of 2023(2) dt.11-12-2023 3/3 Court in connection with Sasaram (T) (Darigaon O.P.) P.S. Case No. 860 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