Dinkar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51094 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Dinkar Bhagat, Son Of Vijay Bhagat Resident Of Village - Bhag Kotalia, Ward No.2, P.S.- Forbesganj, District - Araria ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrigendra Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024
1. Heard learned counsel for the petitioner and 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 363 and 365 of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and has been falsely implicated in the instant case by the informant based on suspicion when she is not an eye witness to the occurrence. It is next submitted that similarly situated co-accused Santosh Chauhan @ Santosh Kumar has moved this Court seeking anticipatory bail by filing Cr. Misc. No.16355 of 2024 and the same was allowed by an order 28.03.2024. It is next submitted that case of the petitioner is akin to the case of Santosh
Patna High Court CR. MISC. No.51094 of 2024(2) dt.09-08-2024 2/2 Chauhan. It is also submitted that while granting the privilege of anticipatory bail to Santosh Chauhan, the Court had considered the case on merit. Thus, based on parity seeks anticipatory bail for the petitioner.
4. Learned A.P.P. opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the order dated 28.03.2024 in Cr. Misc. No.16355 of 2024, 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Forbesganj P. S. Case No.244 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T