Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10311 of 2023 Arising Out of PS. Case No.-594 Year-2017 Thana- PATNA GRP CASE District- Patna ====================================================== DHANANJAY KUMAR S/O LATE MANISHANKAR CHOUDHARY R/oJagdishpur Baghnagari, P.S.- Sakra, District- Muzaffarpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 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 328, 379, 34 of the Indian Penal Code.

As per prosecution case, some miscreants met with the informant at Patna Railway Station and they become amicable with the informant. Miscreants bought tea and cold drink for informant and after taking tea and cold drink the informant become unconscious and after the unconsciousness of the informant they looted his black colour large bag in which Admit Card, Aadhar Card, ATM Card of SBI and others are there. It is also alleged that

Patna High Court CR. MISC. No.10311 of 2023(3) dt.07-07-2023 2/3 accused persons also withdrawn Rs. 2,53,000/- using his ATM Card.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner is not named in the FIR and nothing incriminating article has been recovered from his conscious possession. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order 20.10.2022 passed in Cr. Misc. No. 51145 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 18.05.2022.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rail P.S. Patna Junction Case No. 594 of 2017 on furnishing bail

Patna High Court CR. MISC. No.10311 of 2023(3) dt.07-07-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Patna.

(Sunil Kumar Panwar, J) manishkumar/- U T