Dhananjay Rishideo @ Dananjay Kumar@ Dhanay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47359 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Dhananjay Rishideo @ Dananjay Kumar@ Dhanay kumar Son of Laxmi Rishideo R/O Vill.- Gwalpara, Ward no.10, P.S.- Chhatapur, Dist.- Supaul. Present R/O Kushmaul, Ward no. 4, P.S.- Bhargana, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-08-2024 Heard Mr. Prafull Chandra Thakur, learned counsel appearing on behalf of the petitioner and Mr. Murli Dhar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Chhatapur P.S. Case No. 354 of 2023 registered for the offence(s) punishable under Sections 393/398 of the Indian Penal Code and 25-(1B) a/26/35 of Arms Act.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioner tried to loot the motorcycle of the informant and in the said course of incidence, the informant and the other passer-by overpowered one coaccused, Umesh Kumar, who was produced before the police, where he disclosed the name of the petitioner.
Patna High Court CR. MISC. No.47359 of 2024(2) dt.07-08-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that the very allegation made in the FIR, is not sustainable. He further submitted that name of the petitioner surfaced in the present case on the basis of confessional statement of co-accused, Umesh Kumar and confession made before police has no evidentiary value. Petitioner has no criminal antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation that petitioner was not involved in loot of motorcycle of the informant and his name transpired in the present case on the basis of confessional statement of co-accused namely, Umesh Kumar, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Supaul in connection with Chhatapur P.S. Case No. 354 of 2023, subject to the conditions
Patna High Court CR. MISC. No.47359 of 2024(2) dt.07-08-2024 3/3 as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J.) Sudhanshu/- U T