Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78943 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- Marnga District- Purnia ====================================================== Dhiraj Kumar, son of Manoj Yadav, Resident of village- Jay Krishnapur katha, Banaili, Ps- K. Nagar, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Anand, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-12-2025 Heard Mr. Abhishek Anand, learned counsel appearing on behalf of the petitioner and Mr. Zainul Abedin, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Maranga P.S. Case No. 214 of 2025 registered for the offence(s) punishable under Sections 109, 3(5) of the BNS and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, one named accused Govind Kumar and three unknown co-accused assaulted the informant, while he was returning from his field. Co-accused Govind Kumar allegedly fired upon the informant, which hit on his waist.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.78943 of 2025(2) dt.03-12-2025 2/3 been implicated in the present case. He further submitted that petitioner is not named in the FIR but in course of investigation, minuscule evidence came against the petitioner, which led to rejection of bail by the learned District Court. Specific allegation of firing is against co-accused Govind Kumar, which hit the informant's waist. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR, I find that in absence of any direct allegation against the petitioner to have fired, causing injury to the informant, the petitioner, who is having clean antecedent, has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea / Concerned Court in connection with Maranga P.S. Case No. 214 of 2025, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.78943 of 2025(2) dt.03-12-2025 3/3 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T