Dhanoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1045 of 2023 Arising Out of PS. Case No.-150 Year-2021 Thana- DORIGANJ District- Saran ====================================================== 1.

DHANOJ RAI S/O ASHARFI RAY Resident of village- Mahaj, P.S.- Doriganj, District- Saran.

2.

CHINNI RAI S/O KAMTA RAI Resident of village- Mahaj, P.S.- Doriganj, District- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code, U/s 8/20/22/25 of N.D.P.S. Act pending in the learned court below.

As per the prosecution case, co-accused Rajendra Rai disclosed that the petitioners along with other co-accused persons used to sell stolen motor-cyles and Ganja. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners have made accused on

Patna High Court CR. MISC. No.1045 of 2023(2) dt.07-02-2023 2/2 the basis of the confessional statement of the co-accused. He submits that no any incrimination article has been recovered from the conscious possession of the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the nature of the offence, I am not inclined the enlarge the petitioners on bail in connection with Doriganj P.S. Case No.150/2021. Accordingly, their application for anticipatory bail is hereby disposed of.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering the fact that there is no any incriminating articles has been recovered from the conscious possession of the petitioners. (Anjani Kumar Sharan, J) ajay/- U T