Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79166 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== DHARMENDRA KUMAR S/O LATE RAM SWARUP SAHNI R/O VILLAGE- SHIVNAGAR, P.S.- SAHIYARA, DIST.- SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Sahiyara P.S. Case No. 153 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 364 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant and others by means of sharp edged weapons, causing
Patna High Court CR. MISC. No.79166 of 2023(3) dt.05-03-2024 2/3 head and other bodily injuries, having intention to cause death, where occurrence arises out of local disputes and differences.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case, where maximum allegation against petitioner is only being part of mob only, where thrust of allegation is available against co-accused Shivam Kumar and Raju Kumar. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above and by taking note of the fact, as maximum allegation available against petitioner is being part of mob only, where thrust of allegation is available against co-accused Shivam Kumar and Raju Kumar, accordingly petitioner above named, in the event of his arrest or surrender before the learned Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi/concerned Court where the case is pending in
Patna High Court CR. MISC. No.79166 of 2023(3) dt.05-03-2024 3/3 connection with Sahiyara P.S. Case No. 153 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T