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Patna High CourtCR. MISC./18073/2022dismissed

Dhananjay Singh v. The State Of Bihar

2022-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18073 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- KACCHWA District- Rohtas ====================================================== DHANANJAY SINGH S/o Late Sighason Singh Resident of VillageSaraiyan, P.S. - Kachhawan, District - Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramashray Roy For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Kachhawan P.S. Case No.31 of 2021, registered for the offences punishable under Sections 341, 323, 379, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner and other co-accused persons are said to have snatched a chain made of gold and Rs.50,000/- cash from possession of the informant. The accused persons also snatched the motorcycle of the informant and assaulted him with lathi, danda and butt of pistol.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case and he has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that

Patna High Court CR. MISC. No.18073 of 2022(2) dt.18-08-2022 2/2 other co-accused persons have already been enlarged on anticipatory bail by the learned court below itself. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the police has recovered the motorcycle from the campus of the petitioner. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order of rejection considering the fact that other similarly situated co-accused persons have been enlarged on anticipatory bail by the learned court below itself.

(Anjani Kumar Sharan, J) Sanjay/- U T