Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5245 of 2023 Arising Out of PS. Case No.-585 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.
Dharmendra Kumar Son Of Guletan Rai @ Muked Rai R/O Mohalla- Ashok Nagar, Changer, P.S.- Kankarbagh, District- Patna 2.
Ravindra Singh @ Ravindra Kumar Son Of Late Rajendra Rai @ Guruji R/O Village- Khushhalchak, P.S.- Gaurichak, District- Patna 3.
Nitish Kumar Son Of Ravindra Kumar R/O Village- Khushhalchak, P.S.- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Jha For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, all the accused persons including petitioners came with arms and JCB and started breaking boundary wall of the premises in which informant was running business of rice mill. On protest, petitioner nos. 1 and 2 pushed the informant and petitioner no. 3 snatched gold chain from the neck of
Patna High Court CR. MISC. No.5245 of 2023(2) dt.09-05-2023 2/3 informant.
It is submitted that allegation of assault is general and omnibus. The allegation of snatching gold chain is superaddition. As a matter of fact, the informant took the said land on rent in the year 2015 for the purpose of godown but till the year 2018 she neither constructed any part of godown over the said land nor she paid even single monthly rent. Then a legal notice was sent to the informant on 05.12.2018, despite of that, informant and her sons neither left the possession of the said land nor they paid monthly rent. The present case is counter blast of Gaurichak PS Case No. 584 of 2022 in which informant of this case is one of the co-accused. Petitioners claim clean antecedents.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Patna City, Patna in connection with Gaurichak P.S. Case No. 585 of 2022, subject to the conditions as laid down under
Patna High Court CR. MISC. No.5245 of 2023(2) dt.09-05-2023 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T