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
2/2
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
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