Dhanraj Yadav @ Dhanraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48086 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== DHANRAJ YADAV @ DHANRAJ KUMAR S/O MOHIT YADAV R/O VILLAGE- HIRATOL WARD NO. 1, P.S- SAHEBPUR KAMAL, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 353, 307 and 34 of the IPC and Section 27 of the Arms Act in connection with Khagaria Rail P.S. Case No.40 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 106.2 liters of liquor from a train along with two empty cartridges.

4. It is further alleged that the accused persons fled and while fleeing they fired at the police and the police in return also fired, but then no one was injured.

5. The learned counsel submits that petitioner has

Patna High Court CR. MISC. No.48086 of 2024(2) dt.22-07-2024 2/3 been implicated in the instant case based on disclosure made by local person, but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR, which cast an aspersion on the case of the prosecution. It is also submitted petitioner is a person with clean antecedent and will not abscond rather will cooperate in the investigation.

6. The learned APP for the State opposes the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, IInd, Khagaria in connection with Khagaria Rail P.S. Case No.40 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the

Patna High Court CR. MISC. No.48086 of 2024(2) dt.22-07-2024 3/3 investigation, in that event, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner and to take all coercive steps to ensure that petitioner is behind bar.

9. Let a copy of this order be sent to the concerned P.S. through the learned Trial court.

10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T