Dharmendra @ Priyanshu Kumar @ Priyanshu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15020 of 2024 Arising Out of PS. Case No.-148 Year-2021 Thana- GURUA District- Gaya ====================================================== DHARMENDRA @ PRIYANSHU KUMAR @ PRIYANSHU SON OF RAJESH PASWAN RESIDENT OF VILLAGE - SAKAL BIGHA, P.S. - GURUA, DISTRICT - GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Gurua P.S. Case No. 148 of 2021 dated 04.07.2021 registered for the offence punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that on the date of occurrence at about 9:30 pm the informant was going to his house from his motorcycle bearing Registration No. BR-02AT3554. On the way, three accused persons stopped his motorcycle, who were on blue colour motorcycle and one accused who was armed with pistol snatched Rs. 12,000/-, mobile, watch and motorcycle of the informant on the point of pistol and threatened to kill him if he doesn't give the said
Patna High Court CR. MISC. No.15020 of 2024(2) dt.11-03-2024 2/3 articles.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the present F.I.R. has been lodged against three unknown criminals. Only on the basis of confessional statement of co-accused Ashish Kumar Singh, the petitioner has been made accused in this case. Nothing has been recovered either from the conscious possession of the petitioner or from his house. It is submitted that petitioner was put on T.I.P. in which he was not identified by the informant. It is further submitted that co-accused Ashish Kumar Singh and Chhotan Paswan have been granted bail by a Co-ordinate Bench of this Court vide order dated 13.05.2022 passed in Cr. Misc. No. 1403 of 2022 and vide order dated 18.01.2023 passed in Cr. Misc. No. 56942 of 2022 respectively. Lastly, it has been submitted that the petitioner is in custody since 03.10.2023, having one criminal case against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.15020 of 2024(2) dt.11-03-2024 3/3 the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 148 of 2021.
(Khatim Reza, J) prabhat/- U T