Dhananjay Yadav @ Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58380 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Dhananjay Yadav @ Dhananjay Kumar Son Of Shital Yadav Resident Of Village - Dargahiganj, Ward No.- 12, P.S. - Narpatganj, District - Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 365 and 302 of the Indian Penal Code.
3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant based on suspicion when she is not an eyewitness to the occurrence. It is further submitted that co-accused Santosh Chauhan had approached this court seeking anticipatory bail by filing Cr. Misc No. 16355 of 2024 and the same was allowed by an order dated 28-3-2024. It is next submitted that the case of the petitioner, if not akin, is similar to that of Santosh Chauhan and
Patna High Court CR. MISC. No.58380 of 2024(2) dt.26-09-2024 2/3 thus seeks anticipatory bail based on parity. It is also submitted that petitioner will not abscond rather will cooperate in the investigation.
4.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Forbesganj P.S. Case No. 244 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6.
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 the petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner after recording reasons.
Patna High Court CR. MISC. No.58380 of 2024(2) dt.26-09-2024 3/3 7.
Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T