Dharmendra Kumar @ Dharmendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62626 of 2024 Arising Out of PS. Case No.-382 Year-2015 Thana- SHEKHPURA District- Sheikhpura ====================================================== Dharmendra Kumar @ Dharmendra Ram S/o Karu Ram R/o VillageMahsauna, P.S.- Ariyari, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with sheikhpura P.S. Case no. 382 of 2015 instituted for the offence under Sections 392, 411 of the Indian Penal Code.
3. The core of the accusation is that while the informant was returning from his jewelry shop, two motorcycle-borne miscreants intercepted him and attempted to snatch his bag. When he resisted, they brandished pistol at him and forcibly took the bag, containing ₹70,000 (seventy
Patna High Court CR. MISC. No.62626 of 2024(4) dt.20-03-2025 2/3 thousand rupees) in cash along with gold and silver articles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. His name sprang up in this case merely on the basis of suspicion.
5. Learned APP appearing for the state has vehemently opposed the prayer of bail and submitted that looted articles have been recovered from his rented room. From perusal of para 45 of the Case Diary, it is evident that first time, name of petitioner figured in this case on the basis of confessional statement of co-accused Bachan Yadav, made before the police. On that basis, when his rented room was searched by the police (mentioned in para 47 of the Case Diary), looted articles were recovered. A statement has been made in para 3 of the petition that petitioner has two criminal antecedents. Lastly, charge-sheet has been submitted against the petitioner for the said offence.
6. Having heard the learned counsel for the parties and considering the direct involvement of petitioner, this court
Patna High Court CR. MISC. No.62626 of 2024(4) dt.20-03-2025 3/3 is not inclined to enlarge the petitioner on bail and, as such, his prayer for anticipatory bail stands rejected.
7. The petitioner is directed to surrender before learned court below and prays for regular bail, the same may be considered by the court below on its own merit, without being prejudiced by the order of this Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T