Patna High CourtCR. MISC./84513/2024bail granted

Dheeraj Tandav @ Dheeraj Kumar @ Dheeraj Thandav v. The State Of Bihar

2024-12-11Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84513 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- NOKHA District- Rohtas ====================================================== Dheeraj Tandav @ Dheeraj Kumar @ Dheeraj Thandav S/o Dasrath Singh R/o vill - Pitambarpur, P.S. - Dehri Nagar, Distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate Mr. Ravi Kant, Advocate Ms. Sarita Kumari, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Nokha P.S. Case No. 285 of 2024, dated 30.07.2024, registered for the offences punishable under Sections 126(2), 115(2), 329(4), 109, 352, 303(2), 351(2), 351(3), 3(5) of the B.N.S.

3. As per allegation, the accused persons including the petitioner entered into the restaurant of the informant and assaulted the informant causing simple injury.

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged injury is simple in

Patna High Court CR. MISC. No.84513 of 2024(2) dt.11-12-2024 2/3 nature as per medical opinion.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has no criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Chief Judicial Magistrate-1st, Rohtas at Sasaram, in connection with Nokha P.S. Case No. 285 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the

Patna High Court CR. MISC. No.84513 of 2024(2) dt.11-12-2024 3/3 petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) Guddu/- U T