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2025 DAILYLAW 89202 (PAT)

Dharmendra Kumar v. The State of Bihar

CR. MISC./89680/2024 · 2025-02-05

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89680 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1. Dharmendra Kumar Son of Nagina Yadav Resident of Village- Kashibigha, P.S. Nimchak Bathani, District- Gaya (Bihar) 2. Subodh Kumar Son of Sunil Yadav Resident of Village- Kashibigha, P.S. Nimchak Bathani, District- Gaya (Bihar) ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the Opposite Party/s : Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 05-02-2025 Heard learned counsel for the petitioners as well as learned APP for the State. 2. In this case, the petitioners are seeking regular bail in connection with Neemchak Bathani P.S. Case No. 175 of 2024, registered for the offences punishable under Sections 126(2), 115, 109, 303(2), 359, 351(2), 351(3), 3(5) of the BNS, 2023. 3. As per allegation, the petitioners along with other accused persons, equipped with khanti, lathi, danda, iron rod, etc, came to the house of the informant and started assaulting him. Co-accused Sunil Yadav and petitioner no. 1 assaulted him Patna High Court CR. MISC. No.89680 of 2024(2) dt.05-02-2025 2/3 with khanti and iron rod, due to which, he sustained head injury and his left hand got fractured. Further, petitioner no. 2 and co- accused Lalu Kumar assaulted the informant’s wife with lathi and iron rod, due to which, she sustained head injury. 4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is land dispute between the parties. The petitioners are the persons of clean antecedent and are under custody since 10.08.2024. He has submitted further that the members of defense side have also suffered injuries and for the same day’s occurrence, there is also a counter case. 5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the petitioners and other co-accused persons badly assaulted the members of the informant and make them injured and some of the injuries are grievous in nature. 6. Considering the above-mentioned facts and circumstances as well as clean antecedent and period of custody, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Neemchak Patna High Court CR. MISC. No.89680 of 2024(2) dt.05-02-2025 3/3 Bathani P.S. Case No. 175 of 2024, subject to the following conditions that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. kundan/- (Nawneet Kumar Pandey, J) U T