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Patna High CourtCR. MISC./676/2023allowed

Dhiraj Kumar v. The State Of Bihar

2023-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.676 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== Dhiraj Kumar S/O Karyanand Prasad Resident Of Village- Hussainabad, P.S.- Ariyari, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he along with other accused persons assaulted the informant's side by means of rod and also fired upon him which hit on the leg of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the learned court below has not mentioned any injury in the impugned order. He submits that

Patna High Court CR. MISC. No.676 of 2023(2) dt.23-03-2023 2/2 there is no specific overt act against the petitioner. He further submits that petitioner has two criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Ariyari P.S. Case No. 247 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T