Dharmendra Kumar @ Dhamendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68567 of 2022 Arising Out of PS. Case No.-845 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== Dharmendra Kumar @ Dhamendra Sharma S/O Birodhi Sharma R/VMalwar, P.S.- Sheosagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 420/34 of the Indian Penal Code.

As per FIR, some unknown persons by committing forgery re-started the mobile number and had illegally withdrawn Rs. 2,50,000/- from the account of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is not named in the FIR and during course of investigation, the name of the petitioner has been transpired in the present case on the basis of confessional statement of co-accused Prince Kumar. He submits that the informant and the petitioner have compromise the present case

Patna High Court CR. MISC. No.68567 of 2022(3) dt.04-05-2023 2/2 and compromise petition has also been filed before the learned court below. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the petitioner is also involved in the present case.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Sasaram (T) P.S. Case No. 845 of 2020. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T