Dharmendra Paswan @ Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61879 of 2024 Arising Out of PS. Case No.-407 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Dharmendra Paswan @ Dharmendra Kumar S/o Ganesh Paswan Village -Brahamapura Bakhra, P. S -Saraiya, District -Muzzafarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Adv For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Paroo P.S. Case No. 407/2023 dated 20.09.2023 registered for the offence punishable u/s 302 and 201 of the Indian Penal Code.
3. As per the prosecution case, on 29.09.2023 at 5 P.M., when the informant was on patrolling, he got an information that a dead body is lying in the field. When the informant reached there, he saw that villagers were gathered there and the dead body was wrapped with car cover. When the cover was unwrapped, an unidentified dead body was found. Thereafter, the informant asked the villagers to identify the dead
Patna High Court CR. MISC. No.61879 of 2024(3) dt.11-12-2024 2/3 body, but no one identified it. It is further alleged that some unknown persons murdered this person at some other place and brought the dead body here and threw it with an intention of hiding.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged occurrence. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case merely on the basis of confessional statement of the co-accused Anmol Kumar. Similar situated co-accused person has already been granted bail by this Court vide order dated 06.09.2024 passed in Cr. Misc. No. 29134 of 2024. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. As per para. 207 of the case diary, the co-accused Anmol Kumar in his confessional statement has stated that he along with Manoj was holding the legs of the deceased Babloo while Sadaab, Md. Saifi and Dharmendra (petitioner) were tying his limbs and after his murder when they proceeded on Alto Car to dump the body of the deceased, the co-accused Vicky Kumar was also boarded on
Patna High Court CR. MISC. No.61879 of 2024(3) dt.11-12-2024 3/3 the same vehicle to show the way where the dead body could be disposed of.
6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within eight weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.
7. The application stands disposed of.
(Chandra Prakash Singh, J) Jyoti/- U T