IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77830 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1. Bacha Sah S/o Vidyasagar Sah R/o vill - Bikarampur, P.s.- Dhaka, Distt. - East Champaran 2. Mukesh Sah S/o Vidyasagar Sah R/o vill - Bikarampur, P.s.- Dhaka, Distt. - East Champaran 3. Vinod Sah S/o Vidyasagar Sah R/o vill - Bikarampur, P.s.- Dhaka, Distt. - East Champaran 4. Umashankar Sah S/o Ramnarayan Sah R/o vill - Bikarampur, P.s.- Dhaka, Distt. - East Champaran 5. Munna Sah S/o Ramnarayan Sah R/o vill - Bikarampur, P.s.- Dhaka, Distt. - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 3 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection Dhaka (Pachpokari) P.S. Case No.221 of 2024 registered for the offences punishable under Sections 341, 323, 379, 354 (B), 506 and 509/34 of Indian Penal Code. 3. As per the prosecution case on 17.05.2024 at about 4:00 P.M. when the informant and his wife were Patna High Court CR. MISC. No.77830 of 2024(3) dt.22-03-2025 2/3 going to his sasural, then on the way petitioner with other co-accused persons stopped them and started assaulting and abusing them they have also snatched Rs.15,000/- from the informant and also took the ornaments of the informant’s wife. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is inordinate delay of 15 days in lodging of the FIR without giving any explanation. He next submits that there is one criminal antecedent against the petitioner as stated in para-3 of the bail petition. 5. However, learned APP for the State vehemently opposes the prayer for of the petitioner. 6. On perusal of the first informant report, case diary, injury report and impugned order dated 03.08.2024, it appears that after conclusion of para-29 of the case diary, during the investigation, Investigation Officer has found the case of the petitioner is to be true only under Sections 341, 323, 504, 506/34 of the IPC and these offences are bailable, so this anticipatory bail application is not maintainable. 7. So, if the petitioner surrenders within 30 days Patna High Court CR. MISC. No.77830 of 2024(3) dt.22-03-2025 3/3 before the Trial Court then the Trial Court must be considered the opinion of the Investigation Officer has found the case of the petitioner is to be true only under Sections 341, 323, 504, 506/34 of the IPC and these offences are bailable. 8. Accordingly, this application is disposed of. Harshita/- (Ramesh Chand Malviya, J) U T