Dinesh @ Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12355 of 2024 Arising Out of PS. Case No.-707 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Dinesh @ Subham Kumar, Male, aged about 24 years, S/O Sitaram Yadav R/O Village- Samochak, P.S- Makhdumpur, Distt.- Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Makhdumpur P.S. Case No.707 of 2023 registered for the offence under Sections 341, 323, 379, 384, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, 5-6 persons have snatched the key of their car of the informant and thereafter on the gun point, he drove the car to some other place and demanded Rs.50,000/-, the informant handed over Rs.6,500/- to them and one golden chain worth Rs.41,000/- was also snatched by one of the accused, namely, Randhir Kumar and he also snatched the cellphone and ATM card of the informant and after

Patna High Court CR. MISC. No.12355 of 2024(2) dt.27-02-2024 2/3 getting the password from him they withdraw Rs.15,000/- and transferred Rs.10,000/- to one Bimal Kumar, Rs.8,000/- to one Biranjan Kumar and Rs.12,000/- to one Dulari Devi on phone pay, hence the FIR was lodged.

4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He submits that the informant is a owner of Bihar Institute of Nursing Para Medical Education where the petitioner was working as a guard. There is general and omnibus allegation against the petitioner. Petitioner is in custody since 01.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report, it appears that the FIR was registered against four named and six unknown persons and petitioner has got no criminal antecedent as stated in para-3 of the petitioner and there is no specific allegation as alleged in the FIR, in these circumstances, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Makhdumpur P.S. Case No.707 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.12355 of 2024(2) dt.27-02-2024 3/3 each to the satisfaction of ACJM-IV, Jehanabad. 7.

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 framing of charge.

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