Dhananjay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26773 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- DEV District- Aurangabad ====================================================== Dhananjay Ram S/o Late Ramadhar Ram R/o Village- Budhan Bigha, P.S.- Deo, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Advocate For the State :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Deo P.S. Case No. 109 of 2024, G.R. No. 1241 of 2024 for the offence registered under Sections 147, 149, 323, 341, 325, 436 of the IPC lodged on 04.05.2024 by the informant Dharmendra Ram.
3. As per the prosecution story, the informant alleged that on 02.05.2024, in the night, the accused person surrounded and put his house on fire. They also started pelting stones causing injury to him. The allegation is that the fire brigade came, only after that the fire was doused. This led to the FIR.
4. Learned counsel for the petitioner submits that he is the younger brother of the informant, due to his attitude, the mother reside with the petitioner, infuriated and as he wanted
Patna High Court CR. MISC. No.26773 of 2025(3) dt.03-09-2025 2/3 partition, though, an unfortunate accident took place, only to implicate, he has been named in the FIR. So far as, two antecedents is/are concerned, it has also been filed by his elder brother, Dharmendra Ram.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail and submits that as per the allegation, it is the petitioner along with other accused persons who put the house on fire.
6. Considering the submissions of the parties as also the fact that no one has seen the actual occurrence, though, the informant has alleged the role of the petitioner, the fact remains that the mother has also lodged the case against the informant Dharmendra Ram and one of the independent witness, Poonam Kumar has narrated that the fire took place in which the petitioner has no role, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrnender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No. 109 of 2024, G.R. No. 1241 of 2024 subject to condition as laid down under
Patna High Court CR. MISC. No.26773 of 2025(3) dt.03-09-2025 3/3 Section 438 (2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show is bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) priyanka/- U T