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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3828 of 2025 Arising Out of PS. Case No.-347 Year-2019 Thana- FATUA District- Patna ====================================================== Dhananjay Singh S/o Late kishor Singh Resident of Village- Devichak, P.S.- Fatuha, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate Mr. Diksha Kumari, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 4 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Fatuha P.S. Case No. 347 of 2019 dated 30.05.2019, instituted for the offence punishable under Sections 25 (1-b)a, 26 and 35 of the Arms Act. 3. The prosecution case, in short, is that, when the informant along with police officials raided the house of Pramod Paswan, several firearms and live cartridges were recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that FIR has been lodged against two persons. Petitioner is not named in the FIR. It is also submitted that only on the basis of confessional statement of Tuntun Gope @ Langra, the petitioner has been made accused
Patna High Court CR. MISC. No.3828 of 2025(4) dt.05-03-2025 2/3 in this case. It is next submitted that nothing has recovered either from the conscious possession or from the house of the petitioner. It is further stated that similar situated co-accused namely, Raushan Kumar has been granted bail vide order dated 29.11.2023 passed by this Court in Criminal Miscellaneous No. 76730 of 2023 and co-accused namely, Sanjit Kumar @ Sanjit Gope has been granted bail vide order dated 12.09.2023 passed by a Co-ordiante Bench of this Court in Criminal Miscellaneous No. 51333 of 2023. Lastly, it has been submitted that petitioner has three criminal cases against him. 5. Learned A.P.P. has opposed the prayer for bail of the petitioner. 6.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Fatuha P.S. Case No. 347 of 2019, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Patna City, subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to the following conditions:-
Patna High Court CR. MISC. No.3828 of 2025(4) dt.05-03-2025 3/3
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. 2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife. 3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. 4. 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. 5. The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case. sankalp/- (Khatim Reza, J) U T