An accused is entitled to bail if there is no specific overt act attributed to him and similarly situated accused persons have already been granted bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13885 of 2022

Arising Out of PS. Case No.-332 Year-2020 Thana- DUMRA District- Sitamarhi

======================================================

DHIRAJ KUMAR JHA @ DHIRAJ JHA S/o Ram Krishna Jha R/o village-

Methaura, P.S.- Dumara, District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Devendra Kumar

For the Opposite Party/s :

Mr.APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

3

03-01-2023

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for bail in connection with

Dumara P.S. Case No. 332 of 2020 registered for the offence

punishable under sections 341,323,324,307,506/34 of the Indian

Penal Code.

As per allegation in the FIR, four FIR named accused

persons including the petitioner assaulted by blowing knife ti

the father of the informant as a result of which he sustained

injuries. When he raised alarm, several villagers came there and

asked about the occurrence then he disclosed the name of all the

accused persons.

It is submitted by learned counsel for the petitioner

that petitioner has been falsely implicated in this case. He has no

Patna High Court CR. MISC. No.13885 of 2022(3) dt.03-01-2023

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criminal antecedent. No specific overt act has been attributed

against the petitioner. Petitioner is in custody since

2.11.2020.Similarly situated other accused persons have already

been granted regular bail by different co-ordinate Bench vide

order dated 20.07.2021 and 22.11.2021 passed in Cr. Misc. No.

21378/2021 and Cr. Misc. No. 25780 of 2021.

The application for bail is opposed by learned APP for

the State and submitted that father of the informant has

sustained grievous injury.

Having heard learned counsel for the parties and

considering the facts and circumstances of the case, this court is

inclined to enlarge the petitioner on bail. The above named

petitioner is directed to be enlarged on bail on furnishing bail

bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

of the like amount each to the satisfaction of the learned

Additional Sessions Judge-XII, Sitamarhi in connection with

Dumara P.S. Case No. 332 of 2020.

sushma/-

(Sunil Kumar Panwar, J)

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