Dhandhan Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73806 of 2024 Arising Out of PS. Case No.-264 Year-2024 Thana- GOPALPUR District- Patna ====================================================== Dhandhan Nat, aged about 35 years (Male), S/o- Raju Nat, R/o- Khagaul under Bridge, PS- Khagaul, Dist- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar Pathak For the Opposite Party :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 264 of 2024 dated 03.07.2024 registered for the offences punishable under Sections 311 and 74 of the B.N.S. 2023.

3. As per the prosecution case, on 03.07.2024 at around 12.30 A.M., 25-30 persons entered the house of the informant and assaulted him and his family members with pistol, knife and lathi and outraged the modesty of the female Sweety Kumari and on the point of pistol, got the Godrej opened and took

Patna High Court CR. MISC. No.73806 of 2024(2) dt.23-10-2024 2/3 jewellery and Rs. 38,000/- in cash.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that F.I.R. has been lodged against unknown. The petitioner is not named in the F.I.R. His name has come during the course of investigation on the basis of the confessional statement of the co-accused Firoj Nut after 20 days from the date of alleged occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner is a poor person and for his livelihood he was driving the auto-rickshaw on rent. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Patna, in connection with Gopalpur P.S. Case No. 264 of 2024, subject to the condition as laid down

Patna High Court CR. MISC. No.73806 of 2024(2) dt.23-10-2024 3/3 under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T