Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9684 of 2023 Arising Out of PS. Case No.-773 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Dhiraj Kumar Son Of Arbind Singh @ Arvind Singh R/O Village- Gokhula, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411, 356, of the Indian Penal Code.

As per prosecution case, informant alleged that when he went to Axix Bank to withdraw money but his card stuck in the said ATM and when he went to say about the same to his brother-in-law. Thereafter he saw that two persons were coming out from the said ATM. Both miscreants were apprehended and on search ATM cards, motorcycle and other articles were recovered from his possession after that this case has been lodged. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.9684 of 2023(2) dt.19-04-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Petitioner has no concern with the alleged occurrence. From perusal of the FIR there is no allegation of any transaction of money done by the petitioner. He has got no criminal antecedent. The petitioner is languishing in judicial custody since 30.09.2022. It is further submitted that this case is triable by Judicial Magistrate.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaya Muffasil P.S. Case No. 773 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Gaya (Sunil Kumar Panwar, J) Manish/- U T