Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35638 of 2016 Arising Out of PS.Case No. -100 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Dhananjay Kumar Son of Awadhesh Mehta Resident of Village- Saya Parsa, P.S. Mali District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Adv. For the Opposite Party/s : Mr. Sri Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 399, 402, 414 and 420 of the Indian Penal Code and 25(1-B)a, 26 and 35 of the Arms Act.

The prosecution case is that the informant Akhtar Ansari being the S.I., of the police station received information that the miscreants are preparing to commit dacoity, the raid was laid when four persons namely Santosh Kumar, Ujjwal Kumar Mishra, Ajit Kumar and Subham Kumar were apprehended who disclosed the name of the persons who escaped from the scene as Pintu Kumar, Mukesh Kumar and the petitioner Dhananjay Kumar. Out of four apprehended accused, from Santosh Mehta

Patna High Court Cr.Misc. No.35638 of 2016 (2) dt.31-08-2016 2/2 and Ujjawal Kumar, loaded country made pistol and mobiles were recovered.

It is submitted by the learned counsel for the petitioner that the petitioner's name only sprang up on the confession of the co-accused and admittedly there is no recovery from the petitioner. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Muffasil P.S. Case No. 100 of 2016 pending in the court of learned CJM, Aurangabad. It is expected from the learned court below to dispose of the regular bail application of the petitioner preferably on the same day.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T