Dharmendra Kumar @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12249 of 2024 Arising Out of PS. Case No.-766 Year-2023 Thana- AMARPUR District- Banka ====================================================== DHARMENDRA KUMAR @ DHARMENDRA YADAV S/O SHIV YADAV @ SHIBU YADAV R/O VILLAGE- DUMRAMA, P.S- AMARPUR, DISTT.- BANKA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Amarpur P.S. Case No.766 of 2023 registered for the offence under Sections 392 of the Indian Penal Code.

3.

Allegation against the petitioner is to have snatched scooty and mobile phone of the informant along with other co-accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case and petitioner is not named in the FIR, where, he name surfaced during course of investigation,

Patna High Court CR. MISC. No.12249 of 2024(2) dt.06-03-2024 2/3 without any basis to connect this petitioner with the present case. It is submitted that recovered mobile from the possession of this petitioner belongs to himself only. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 05.12.2023.

5.

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

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Amarpur P.S. Case No.766 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 Additional Sessions Judge-I, Banka. 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

Patna High Court CR. MISC. No.12249 of 2024(2) dt.06-03-2024 3/3 framing of charge. Further, if the petitioner shall not appear before the learned trial court for two consecutive dates without valid reason, the bail bonds of the petitioner shall be cancelled by the learned Trial Court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T