Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14951 of 2022 Arising Out of PS. Case No.-244 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Dharmendra Kumar Son of Darogi Mahto Resident of Chamtha Chakki, P.S. - Bachhwara, District - Begusarai.

2.

Rahul Kumar Son of Sanjay Mahto Resident of Chamtha Chakki, P.S. - Bachhwara, District - Begusarai.

3.

Dashrath Kumar Son of Manoj Mahto Resident of Chamtha Chakki, P.S. - Bachhwara, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 At the outset, learned counsel for petitioner seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 2 Rahul Kumar.

Permission is granted. The anticipatory bail application with respect to petitioner no. 2 Rahul Kumar is dismissed as withdrawn.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Bachhwara P.S. Case No. 244 of 2020, registered for the offences punishable under Sections 384, 386 and 34 of the Indian Penal

Patna High Court CR. MISC. No.14951 of 2022(2) dt.23-08-2022 2/2 Code and section 25(1-b)a, 26 and 35 of the Arms Act. On the disclosure of co-accused Shambhu Kumar who was apprehended on the spot with arms and ammunition, petitioners have been made accused in this case. It is submitted that no incriminating article has been recovered from possession of petitioners. Save and except confessional statement of co-accused there is no material against petitioners. Petitioners claim clean antecedent. Considering the facts aforesaid, Dharmendra Kumar petitioner no. 1 and petitioner no. 3 Dashrath Kumar, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 244 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T