Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54829 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Dhiraj Kumar S/O Dhrmvir Yadav R/O Village- Sahobigha, P.S- Ghoshi, Jehanabad 804406.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Karn, Adv.
For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Makhdumpur P.S. Case No. 139 of 2025 instituted for the offences under Section 309(4) of the B.N.S..
3. As per prosecution case, on the alleged day of occurrence, the Informant was going on motorcycle to the house of the Birendra Yadav for performing tilak ceremony but, on the way, the persons boarded on Apache motorcycle stopped him and, at the point of pistol, took away a bag containing Rs. 50,000/-, golden chain and other
Patna High Court CR. MISC. No.54829 of 2025(3) dt.31-10-2025 2/3 papers. The villagers chased them but, they fled away leaving behind the motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in this case in course of investigation on the basis of the confessional statement of the co-accused Ujjwal Kumar recorded before the police which has got no evidentiary value in the eye of law. He further submits that nothing incriminating/looted article has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the alleged motorcycle. The petitioner has no concern with the alleged occurrence. No T.I. Parade has been conducted in this case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence.
5. Learned counsel for the petitioner further submits that the co-accused Ujjawal Kumar has been granted regular
Patna High Court CR. MISC. No.54829 of 2025(3) dt.31-10-2025 3/3 bail by this Court vide order dated 17.06.2025 passed in Cr. Misc. No. 36277 of 2025.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Makhdumpur P.S. Case No. 139 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T