Dharmendra Kumar vs The State Of Bihar
2021 Latest Caselaw 4938 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 49632 of 2021
       Arising Out of PS. Case No.-124 Year-2019 Thana- KINJAR District- Jehanabad
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Dharmendra Kumar, aged about 19 years, Gender-Male, Son of Ramkrit Yadav @ Shivlagan Singh, Resident of Village- Salempur, PS- Kinjar, District- Arwal.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Nitya Nand Neeraj, Advocate For the State : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-10-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner, which was

allowed.

3. Heard Mr. Nitya Nand Neeraj, learned counsel for the

petitioner and Mr. Sanjay Kumar Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Kinjar PS Case No. 124 of 2019 dated 15.12.2019, instituted

under Sections 147, 149, 341, 323, 354, 307 of the Indian Penal

Code, 1860 and 27 of the Arms Act, 1959.

Patna High Court CR. MISC. No.49632 of 2021 dt.08-10-2021

5. As per the FIR, the petitioner along with 10 other

named accused is said to have assaulted the informant and his

daughter with lathi, danda and brickbats causing head injury.

6. Learned counsel for the petitioner submitted that the

allegation is general and omnibus in nature and the reason is that

because of the accused side holding grievance against the

informant that he did not vote for their candidate has committed

such crime but the fact is that for the same incident, there is also a

counter case and injury has been sustained on the side of the

accused also which has not been explained in the present FIR.

Learned counsel submitted that from the order of the learned

Additional Sessions Judge, Vth, Jehanabad in ABP No. 642 of

2020 in order dated 20.08.2020 by which the prayer for

anticipatory bail of the petitioner was rejected, it would be clear

that the injury sustained is simple in nature and, thus, no offence is

made out under Section 307 of the Indian Penal Code. Learned

counsel submitted that the petitioner does not have any other

criminal antecedent. Further, it was submitted that similarly

situated co-accused Madheshwar Yadav has been granted

anticipatory bail by a co-ordinate Bench by order dated

19.03.2021 passed in Cr. Misc. No. 35214 of 2020 and Ramlal

Yadav and Dhananjay Kumar have also been granted anticipatory Patna High Court CR. MISC. No.49632 of 2021 dt.08-10-2021

bail by a co-ordinate Bench by order dated 09.04.2021 passed in

Cr. Misc. No. 35632 of 2020.

7. Learned APP submitted that the petitioner was party

to assault on the informant and his daughter. However, he could

not controvert that in the order of the Court below, the injury

sustained are said to be simple in nature and further that similarly

situated co-accused have been granted anticipatory bail by co-

ordinate Benches.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of

the allegation against the petitioner being general and omnibus

and that he was one of the 11 named accused as also the injury

report disclosing that the same were simple in nature and the

petitioner not having any other criminal antecedent as also

similarly situated co-accused being granted anticipatory bail, the

Court is inclined to allow the prayer for pre-arrest bail.

9. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the petitioner be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned ACJM, III, Arwal in Kinjar PS

Case No. 124 of 2019, subject to the conditions laid down in Patna High Court CR. MISC. No.49632 of 2021 dt.08-10-2021

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

and give undertaking with regard to good behaviour of the

petitioner and (iii) that he shall co-operate with the Court and

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or failure to co-operate shall lead to

cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the petitioner, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the petitioner.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T