Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47339 of 2021 Arising Out of PS. Case No.-366 Year-2019 Thana- KHAIRA District- Jamui ====================================================== DHIRENDRA KUMAR, Son of Rambriksh Singh, Resident of Village - Singarpur, P.S.- Khaira, Dist.- Jamui.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Pankaj Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-02-2022 Heard learned counsel for the parties through video conferencing.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Khaira P.S. Case No. 366 of 2019 (G.R. No.3511 of 2014) for the offence punishable under Sections 363, 302, 120-B, 201/34 of the Indian Penal Code.

The petitioner is not F.I.R. named accused in the present case. The F.I.R. has been registered against unknown persons and subsequently, the petitioner and his family members have been made accused in this case but there is no material available against the petitioner in the entire case diary to even

Patna High Court CR. MISC. No.47339 of 2021(2) dt.11-02-2022 2/2 remotely connect him in the murder of the deceased. This Court is prima facie of the view that the petitioner has falsely been implicated in the present case. There is nothing to suggest that the petitioner will misuse the bail granted to him.

Considering the decision of the Apex Court in the case of Jai Prakash Singh vs. State of Bihar & Anr. Reported in (2012) 4 SCC 379, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, let the petitioner, above named, in the event of his arrest/surrender within ten weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, in connection with Khaira P.S. Case No. 366 of 2019 (G.R No.3511 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T