Dhanjee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43174 of 2025 Arising Out of PS. Case No.-410 Year-2023 Thana- MANER District- Patna ====================================================== Dhanjee Kumar ... ... Petitioner/s

Versus

The State of Bihar & Anr.

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

For the Petitioner/s :

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

Ms. Rita Verma, APP For the Informant :

Mr. Dhirendra Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2025 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner, Ms. Rita Verma, learned Additional Public Prosecutor for the State and Mr. Dhirendra Singh, learned counsel for the Informant.

2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 410 of 2023, F.I.R. dated 02.06.2023 for the offences punishable under Sections 379 and 420 of Indian Penal Code.

3. Earlier the bail application of the petitioner was rejected by this Court vide order dated 27.02.2024 in Cr. Misc. No. 63456 of 2023. The present second anticipatory bail application has been filed on behalf of the petitioner merely on the ground that the petitioner had already paid the amount almost in question.

Patna High Court CR. MISC. No.43174 of 2025(5) dt.15-11-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. As per the allegation in the FIR, the petitioner has withdrawn an amount of Rs. 30,200/-(Rupees Thirty Thousand and Two Hundred) from bank account of the informant in two transactions. He further submits that the petitioner had already returned the amount in question to the informant and in the interest of justice, the petitioner deserves to be granted anticipatory bail.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Learned counsel for the informant on instructions submits that informant had received Rs. 30,200 (Rupees Thirty Thousand and Two Hundred) from the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Judicial Magistrate-1st class, Danapur in connection with Maner P.S. Case No. 410 of 2023, subject to the conditions as laid

Patna High Court CR. MISC. No.43174 of 2025(5) dt.15-11-2025 3/3 down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T