Dhananjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12249 of 2025 Arising Out of PS. Case No.-327 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Dhananjay Prasad S/o- Ramavtar Prasad R/O- Bhitbherwa, PS- Gopalganj District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with in a case registered under Sections 118, 109, 61(2), 3(5) of Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. As per the prosecution, on the alleged date and time of occurrence, 3 persons entered into the shop of informant and fired upon the informant's son, thereafter they fled away. It is further alleged that this petitioner and his nephew Sumit Kumar Prasad threatened the informant by dire consequences.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. As a matter of fact, the petitioner used to run a hotel in a commercial complex owned by the informant but due to loss in running the hotel, some dispute arose between the parties and

Patna High Court CR. MISC. No.12249 of 2025(2) dt.15-04-2025 2/2 taking advantage of the situation, informant has falsely lodged the present FIR against the petitioner. It is next submitted that no injury is caused to the prosecution side. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-X, Gopalganj in connection with Mirganj P.S. Case No. 327 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T