Dhananjay Kumar Singh @ Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19077 of 2024 Arising Out of PS. Case No.-5 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Dhananjay Kumar Singh @ Dhananjay Kumar Son of Sunil Singh Resident of Vill.- Dara, P.S.- Sandesh, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Sandesh P.S. Case No. 05 of 2023 registered for the offences punishable under Sections 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned C.J.M. Bhojpur at Ara.
3. Earlier by order dated 19.10.2023 passed in Cr. Misc. No. 39283 of 2023, the prayer for anticipatory bail of the petitioner was rejected by this Court with the direction to the petitioner to surrender before the learned Court below within a period of six weeks but the petitioner has not surrendered before the learned Court below and renewed his prayer for anticipatory
Patna High Court CR. MISC. No.19077 of 2024(2) dt.13-03-2024 2/3 bail.
4. As per the prosecution case, it is alleged that the petitioner along with other co-accused persons has fired upon the son of the informant causing injury on his leg.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the allegation of firing is against all the three accused but it is not clear that whose firing hit upon his son. He further submits that some of the co-accused persons have been granted anticipatory by this Court vide order dated 12.12.2023 passed in Cr. Misc. No. 54559 of 2023. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes the prayer for anticipatory bail.
7. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek
Patna High Court CR. MISC. No.19077 of 2024(2) dt.13-03-2024 3/3 regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that there is no specific overt act against the petitioner.
9. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T