IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60679 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- BHAIROGANJ District- West Champaran ====================================================== Dhananjay Kumar Yadav S/O Vinod Yada R/O Village- Paliya Fulwariya, Ward No. 02, P.S- Ramnagar, Distt.- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s : Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 08-09-2025 Heard Mr. Umesh Kumar Gupta, learned counsel for the petitioner as well as Ms. Sharda Kumari, learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Bhairoganj P.S. Case No. 03 of 2025, F.I.R. dated 06.01.2025 for the offences punishable under Sections 318(4), 338, 336(3), 316(2) of the BNS, 2023. 3. According to prosecution case, the petitioner has misused his post and issued a forged receipt of 23.40 quintal of sugarcane in the name of another person. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not Patna High Court CR. MISC. No.60679 of 2025(2) dt.08-09-2025 2/3 committed any offence as alleged in the FIR. He further submits that from a bare perusal of the FIR, it appears that the date of occurrence as alleged in the FIR is 24.12.2024 but the present FIR has been instituted on 06.01.2025 i.e. after delay of 13 days, afterthought, only to falsely implicate the petitioner. In fact, the petitioner is seasonal employee of the Mill in question and he has joined the Mill on 26.11.2024. 5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and inadvertantly, he has weighed a sugarcane loaded vehicle twice, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Bhairoganj P.S. Case No. 03 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and Patna High Court CR. MISC. No.60679 of 2025(2) dt.08-09-2025 3/3 shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. priyanka/- (Rajesh Kumar Verma, J) U T