Dhanji @Mangani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45137 of 2024 Arising Out of PS. Case No.-26 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Dhanji @Mangani S/O Shiwji Chaudhari R/O Village Khaira, P.S. Sahar, Distt- Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shantam Shivam, Advocate Mr. Umesh Prasad, Advocate Mr. Chandra Mohan, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chauri P.S. Case no. 26 of 2023 registered under sections 392 and 411 of the Indian Penal Code and section 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant a driver of the truck stated that three accused persons on a bolero vehicle overtook his truck and on the point of pistol told the informant to hand over the money and mobile phone. However, with the
Patna High Court CR. MISC. No.45137 of 2024(2) dt.16-07-2024 2/3 help of police personnel who reached the place of occurrence three persons were caught at the spot and articles recovered while one person managed to escape.
4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has been falsely implicated in the case at the instance of co-accused Gobind Kumar who has himself been enlarged on bail vide order dated 26.4.2024 passed in Cr. Misc. no. 31350 of 2024. The petitioner is in custody since 2.10.2023 and has no criminal antecedent. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, grant of bail to co-accused on whose confession statement made before police the name of the petitioner transpired, the petitioner having remained in custody for 9 months since 2.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Chauri P.S. Case no. 26 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.45137 of 2024(2) dt.16-07-2024 3/3 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Bhojpur at Ara. (Partha Sarthy, J) Harsh/- U T