Dilip Kumar Yadav vs The State Of Bihar on 5 March, 2025

Patna High Court – Orders

Dilip Kumar Yadav vs The State Of Bihar on 5 March, 2025

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5800 of 2025
                    Arising Out of PS. Case No.-385 Year-2023 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Dilip Kumar Yadav Son of Late Kapildev Rai, Resident of Village- Bela, P.S.-
                 Chhauradano, Distt.- East Champaran.
                                                                              ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rajesh Ranjan, Advocate
                 For the Opposite Party/s :     Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-03-2025

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case

registered for the offences punishable under Sections 147, 148,

149, 341, 323, 324, 325, 326, 307, 354(B), 448, 380, 504 and

406 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that

petitioner has antecedent of one case and has been falsely

implicated in the instant case by the informant. It is further

submitted that police after thorough investigation came to a

considered conclusion that petitioner is innocent and thus

submitted final form exonerating the petitioner of the allegation,

but then the learned trial Court differing with the police report

took cognizance of the offence. As such, the petitioner
Patna High Court CR. MISC. No.5800 of 2025(2) dt.05-03-2025
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apprehends arrest. It is next submitted that when one

investigating agency after thorough investigation came to a

confident conclusion that petitioner is innocent, whether it

would be prudent for this Court to send the petitioner to jail

based on an order of cognizance which came to be taken based

on the same police report which exonerated the petitioner.

4. Learned Additional Public Prosecutor for the

State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the

learned counsel for the petitioner, the petitioner above-named, in

the event of his arrest or surrender before the learned trial Court

within a period of six weeks from today, be released on

anticipatory bail on furnishing bail bonds of Rs. 10,000/-

(Rupees Ten Thousand only) with two sureties of the like

amount each to the satisfaction of the learned trial Court, where

the case is pending / successor Court, in connection with

Chhauradano P.S. Case No. 385 of 2023, subject to the

conditions as laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J)

Shahnawaz/-

U     T