Patna High CourtCR. MISC./14200/2024bail granted

Dhiraj Kumar v. The State Of Bihar

2024-03-04Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14200 of 2024 Arising Out of PS. Case No.-60 Year-2022 Thana- SAKRI District- Madhubani ====================================================== Dhiraj Kumar Son of Bindeshwar Rai Resident of Village- Kanwai, P.S.- Pandaul, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sakri P.S. Case No 60 of 2022 instituted for the offence punishable under Sections 356, 379/34 of the Indian Penal Code and later on Sections 395 and 120(B) of the I.P.C. were added.

3. As per the prosecution case, the informant was intercepted by three persons riding on a motorcycle and they snatched the bag from the informant containing Rs. 4,70,000/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to his criminal antecedent. Neither the petitioner is named in the F.I.R. nor he has been put on T.I.P. till date. His name has been dragged in this case on the basis

Patna High Court CR. MISC. No.14200 of 2024(2) dt.04-03-2024 2/2 of confessional statement of co-accused Prince Kumar Paswan. Nothing has been recovered from the possession of the petitioner.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R. and impugned order passed by learned Additional Sessions Judge-IV, Madhubani dated 12.01.2024, it appears that petitioner is not named in the F.I.R. and F.I.R. registered on the basis of fardbeyan of informant against three unknown persons. There is no recovery from the possession of the petitioner. Name of the petitioner came on the basis of confessional statement of co-accused Prince Kumar Paswan, who has already been granted bail by a co-ordinate Bench of this Court passed in Cr. Misc. No. 52310 of 2022. Petitioner is in custody since 10.07.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Madhubani in connection with Sakri P.S. Case No. 60 of 2022.

(Ramesh Chand Malviya, J) lata/- U T