Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79483 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Dharmendra Kumar S/ O Sudarshan Singh R/O Vill.- Patharkatti, P.SDaudnagar, District- Aurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mr. Ajay Kumar Jha, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Daudnagar P.S. Case no. 180 of 2024 instituted for the offence under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner is fraudulently taking cash from the vehicle owner by issuing Pollution Testing Certificate. It is further alleged that the petitioner is also collecting cash for the road safety.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.79483 of 2024(2) dt.28-11-2024 2/3 committed no offence. He has falsely been implicated in this case. During the course of argument, learned counsel for the petitioner has submitted that petitioner has got a license from the department for testing pollution in vehicles and from the perusal of the annexures, it is clear that the petitioner was having license for issuing such certificate on the date of occurrence. As far as the collection regarding road safety is concerned, there is no such complaint or document to show that such amount has been received by the petitioner. A statement has been made in para-3 of this petition that the petitioner has criminal antecedent of two cases.

5. In contra, learned APP appearing for the State has 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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Daudnagar P.S. Case No. 180 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Daudnagar, Aurangabad

Patna High Court CR. MISC. No.79483 of 2024(2) dt.28-11-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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