Dhananjay Kumar @ Dhananjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50096 of 2021 Arising Out of PS. Case No.-424 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Dhananjay Kumar @ Dhananjay Sharma S/o Jugeshwar Sharma R/o VillageRampur, P.S.- Amba, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Petitioner apprehends his arrest in Aurangabad (Town) P.S. Case No.424 of 2019, registered for the offence punishable under Section 380 of the Indian Penal Code. The petitioner is said to have stolen Rs.2,21,000/- from the house of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner is a tenant in the house of the father-in-law of the informant. It is submitted that the occurrence took place on 11.10.2019, but the FIR was lodged on 01.11.2019, after delay of 22 days without giving any

Patna High Court CR. MISC. No.50096 of 2021(2) dt.29-04-2022 2/2 explanation. It is submitted that there is no eye witness of the occurrence and the petitioner has got no criminal antecedent as stated in paragraph 3 of the bail application. The learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts that there is no eye witness of the occurrence and there is delay in lodging the FIR, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No.424 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T