Rocky Kumar @ Dhingo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13872 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rocky Kumar @ Dhingo, aged 20 years, Gender-Male, S/O- Late Dilip Ram Resident of Village - Ashok Dham, Rajauna Chauki, P.S. - Lakhisarai, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Learned counsel for the petitioner submits that he will remove the defect(s) as pointed out by the Stamp Report in course of the day and prays to argue the matter on merit under the heading 'Orders on Office Notes' itself.

2. As prayed for, this case is being heard on merit.

3. Heard learned counsel for the petitioner and learned APP for the State.

4. The petitioner seeks bail in a case registered for the offence under Sections 457 and 380 of the Indian Penal Code.

5. The allegation against the petitioner is that who committed the theft in the shop-cum-house of the informant.

6. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.13872 of 2024(2) dt.10-04-2024 2/3 that petitioner has falsely been implicated in this case due to ulterior motive. He next submits that from the seizure list, one mobile has been recovered from the house of the petitioner but nothing has been recovered from the person or possession of the petitioner. He next submits that petitioner has got clean antecedent and he is in custody since 16.09.2023.

7. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

8. Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Lakhisarai P.S. Case No.709 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai. 9.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.13872 of 2024(2) dt.10-04-2024 3/3 framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T