Dhananjay Mistry @ Dhananjay Mishri @ Dhananjay Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90277 of 2024 Arising Out of PS. Case No.-54 Year-2023 Thana- DHIBRA District- Aurangabad ====================================================== Dhananjay Mistry @ Dhananjay Mishri @ Dhananjay Vishwakarma S/o Late Umesh Mistry R/o Village- Baranda Rampur, P.S.- Dhibra, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Dhibra P.S. Case No. 54 of 2023, registered for the offences punishable under Sections 323, 308, 504, 379, 34 of the Indian Penal Code.

3. As per FIR, allegation against petitioner is to assault informant and others, causing head and bodily injuries by using danda etc., where occurrence alleged to be arising out of land dispute.

4. Learned counsel appearing on behalf of the petitioner submitted that the parties are agnates and in the background of land dispute i.e. partition qua ancestral house, the present criminal case was lodged against petitioner. It is submitted that the alleged assault not appears repeated and, moreover, upon medical

Patna High Court CR. MISC. No.90277 of 2024(3) dt.08-05-2025 2/2 examination, nature of injury found simple, negating prima facie that the act alleged was an attempt which may likely to cause death of injured. Petitioner said to be a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as alleged assault was single, where nature of injury upon medical examination found simple in nature, coupled with the fact that petitioner is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Aurangabad/concerned Court, where the case is pending in connection with Dhibra P.S. Case No. 54 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T