Dilip Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5800 of 2025 Arising Out of PS. Case No.-385 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Dilip Kumar Yadav Son of Late Kapildev Rai, Resident of Village- Bela, P.S.- Chhauradano, Distt.- East Champaran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 354(B), 448, 380, 504 and 406 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and has been falsely implicated in the instant case by the informant. It is further submitted that police after thorough investigation came to a considered conclusion that petitioner is innocent and thus submitted final form exonerating the petitioner of the allegation, but then the learned trial Court differing with the police report took cognizance of the offence. As such, the petitioner

Patna High Court CR. MISC. No.5800 of 2025(2) dt.05-03-2025 2/2 apprehends arrest. It is next submitted that when one investigating agency after thorough investigation came to a confident conclusion that petitioner is innocent, whether it would be prudent for this Court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioner.

4. Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned trial Court, where the case is pending / successor Court, in connection with Chhauradano P.S. Case No. 385 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Satyavrat Verma, J) Shahnawaz/- U T