Dhiraj Kumar @ Kanhaiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6840 of 2023 Arising Out of PS. Case No.-638 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Dhiraj Kumar @ Kanhaiya Son Of Sikindar Prasad Yadav R/V- Jolgawan P.SJitna Dist- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.
The prosecution case in nutshell is that three miscreants entered in the C.S.P. of the petitioner and on the point of pistol they looted Rs. 2,44,000/- from the drawl and fled away.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.6840 of 2023(2) dt.12-04-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The alleged recovery of looted cash of 5,600/- has been falsely shown from the possession of the petitioner and the said alleged recovered money has been claimed by the petitioner. There is no identification of the said recovered money. The name of petitioner sprang up during investigation of this case. Moreover, the petitioner is languishing in judicial custody since 08.11.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ghorasahan P.S. Case No. 638 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.6840 of 2023(2) dt.12-04-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Sikrahana, Dhaka, East Champaran.
(Sunil Kumar Panwar, J) nirajkrs/- U T