Allowed

Dharmendra Bhokta @ Dhirendra Singh Bhokta @ Dhirendra Bhokta @ Dharmendra Singh Bhokta v. The State of Bihar

Patna HC24 Apr 2023CR. MISC./13014/2023

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner charged under IPC and UAPA sections. The court considered the petitioner's innocence, lack of specific overt acts, absence of incriminating evidence, lack of criminal antecedents, and the arrest of a similarly situated co-accused.

What did the court decide?

Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.

Dharmendra Bhokta @ Dhirendra Singh Bhokta @ Dhirendra Bhokta… — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13014 of 2023

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Arising Out of PS. Case No.-8 Year-2021 Thana- LUTUA District- Gaya

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

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Dharmendra Bhokta @ Dhirendra Singh Bhokta @ Dhirendra Bhokta @ Dharmendra Singh Bhokta Son Of Kumut Singh Bhokta @ Kunat Singh Bhokta Resident Of Village- Bhusia, P.S.- Lutua, District- Gaya

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.S. Jamil Akhtar For the Opposite Party/s : Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 24-04-2023

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner has filed the instant application

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for grant of regular bail in a case registered for the offences punishable under Sections 216, 353, 120(B)/34 of the Indian Penal Code and Section 18, 19 of Unlawful

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Activities (Prevention Act).

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The prosecution case in nutshell is that informant, being a police official, received a secret information that extremists are celebrating martyr day in

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Lutua Village and they are putting posters on which it

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Patna High Court CR. MISC. No.13014 of 2023(2) dt.24-04-2023 2/3

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was written to complete the works which are left out by the extremists.

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It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific overt act of allegation levelled against the petitioner rather the allegations levelled against him is general and omnibus. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 17.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Anup Kumar @ Anup Yadav has been granted bail vide order dated 13.12.2022, passed in Cr. Misc. No. 48449 of 2022 by the co-ordinate Bench of this Court.

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Learned APP appearing for the State has vehemently opposed the prayer for Bail.

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Patna High Court CR. MISC. No.13014 of 2023(2) dt.24-04-2023 3/3

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Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody as well as period under custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Lutua P.S. Case No. 08 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sherghati,

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Gaya.

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(Sunil Kumar Panwar, J)

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Nirajkrs/-

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U T

Dharmendra Bhokta @ Dhirendra Singh Bhokta @ Dhirendra Bhokta @ Dharmendra Singh Bhokta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Bhokta @ Dhirendra Singh Bhokta @ Dhirendra Bhokta @ Dharmendra Singh Bhokta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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