Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70302 of 2024 Arising Out of PS. Case No.-331 Year-2021 Thana- PATRAKARNAGAR District- Patna ====================================================== 1.

Dharmendra Kumar S/o- Sanjay Ram Both resident of Village - Mansinghpur, Chakbihari, P.S -Gaurichak, District - Patna 2.

Vickey Kumar @ Vikky Kumar Son of Sanjay Ram Both resident of Village - Mansinghpur, Chakbihari, P.S -Gaurichak, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Javed Jafar Khan For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners 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 Patrakarnagar P.S. Case No. 331 of 2021 instituted for the offences under Sections 406, 379, 504, 506 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with others were working in the gas agency of the informant. It is also alleged that they have sold altogether 30

Patna High Court CR. MISC. No.70302 of 2024(2) dt.25-10-2024 2/3 oxygen cylinder and when they were asked about it, they left the agency.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is also submitted that the petitioners are persons with clean antecedent. It has been argued by the learned counsel for the petitioners that petitioners had the arrears of wages and on account of that, this case has been filed. It is also submitted that the alleged sold cylinders have not been recovered.

5. In contra, learned APP appearing for the State and opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Patrakarnagar P.S. Case No. 331 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna subject to the conditions as laid down

Patna High Court CR. MISC. No.70302 of 2024(2) dt.25-10-2024 3/3 under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T