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Patna High CourtCR. MISC./85707/2023allowed

Dharmendra Kumar @ Bimal Yadav v. The State Of Bihar

2024-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85707 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Dharmendra Kumar @ Bimal Yadav Son Of Ramchandra Yadav Resident Of Village - Pondil, P.S. - Kurtha, District - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Narayan Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 308, 504/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner has fired upon the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is admitted land dispute between the parties and Title Suit No. 63 of 2022 is pending in the learned Court below. He further submits that there is no any firearm injury upon the

Patna High Court CR. MISC. No.85707 of 2023(2) dt.16-01-2024 2/2 injured person, it is clear from the impugned order. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Kurtha P.S. Case No. 220 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T