Dhiraj Kumar @ Gabbar @ Dhiraj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35289 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== DHIRAJ KUMAR @ GABBAR @ DHIRAJ RAY Son of Bishambhar Rai R/V- Narepur, PS- Bachhwara Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bachhwara P.S. Case No. 77 of 2022 registered for the offences punishable under Sections 147, 148, 149, 302 and 379 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that petitioner assaulted his son by an iron rod causing injury on head, thereafter all accused assaulted him and Dilip snatched gold chain and Rs. 3,000/-.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that police after investigation, finding the

Patna High Court CR. MISC. No.35289 of 2023(2) dt.01-08-2023 2/2 petitioner to be innocent, submitted final form (Annexure-2) but the learned trial court based on the same police report differed and took cognizance and thus the petitioner apprehends arrest. It is further submitted that when one investigating agency has found the petitioners to be innocent, would it be prudent to send the petitioner to jail at this stage.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bachhwara P.S. Case No. 77 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T