Dheeraj Sahu @ Dheeraj Sah @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2559 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- PANDAUL District- Madhubani ====================================================== Dheeraj Sahu @ Dheeraj Sah @ Dhiraj Kumar S/o Pradeep Sah @ Pradeep Sahu R/o Village- Shiv Ram, PS- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Vinod Kumar, Advocate Mr. Udeshya Kumar Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Pandaul P.S. Case No. 26 of 2024 instituted for the offence under Sections 394/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that the informant and his friend were returning home when three bike-borne assailants intercepted them near Dihtole bridge. The miscreants, armed with pistols, snatched the informant's bike key and purse, and one of them shot him near the waist.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.2559 of 2025(3) dt.10-04-2025 2/3 that the petitioner is in custody since 02-10-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Md. Kaif Ali recorded in connection with Madhubani PS Case No. 134 of 2024. No incriminating article has been recovered from the possession of the petitioner. It is alleged that Aadhaar Card, Driving License, PAN Card of the informant were recovered from the house of the petitioner. Charge sheet is submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that recovery is made from the house of the petitioner, hence he does not deserve the privilege of bail. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after

Patna High Court CR. MISC. No.2559 of 2025(3) dt.10-04-2025 3/3 framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pandaul P.S. Case No. 26 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T