Dharmendra Giri @ Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21875 of 2025 Arising Out of PS. Case No.-874 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Dharmendra Giri @ Dharmendra Kumar S/O Sri Gri @ Sri Naryana Giri Resident of Village - Yadavpur, Police Station- Harsidhi, District- East Champaran 2.
Bittu Kumar @ Bittu Yadav S/O Vijay Kumar Yadav Resident of Village - Yadavpur, Police Station- Harsidhi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Turkauliya (Banjariya) P.S Case No. 874/2022 dated 05.09.2022 registered for the offence punishable u/s 392 of the Indian Penal Code.
3. As per the prosecution case, while the informant was driving the truck loaded with biscuits from Raxaul to Kolkata, four unknown assailants intercepted the informant's truck by their truck near Chhapwa road and took control of the informant's truck and drove both the trucks to a bypass road and
Patna High Court CR. MISC. No.21875 of 2025(2) dt.04-07-2025 2/3 forcefully took the informant to a field and tied his hands, feet and mouth and looted the loaded items kept in informant's truck and also took Rs. 7,000/- in cash from the cabin of the informant's truck.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Surendra Ram. Nothing has been recovered from the conscious possession of the petitioners. The other co-accused person has already been granted anticipatory bail by this court vide order dated 02.05.2025 passed in Cr. Misc. No. 7391/2025. The petitioners have two criminal antecedents as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.21875 of 2025(2) dt.04-07-2025 3/3 concerned, East Champaran, Motihari in connection with Turkauliya P.S Case No. 874/2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T