Dhanraj Chaudhary @ Dhanraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15130 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- DINARA District- Rohtas ====================================================== Dhanraj Chaudhary @ Dhanraj Kumar Son Of Kamta Chaudhary R/O Village - Jagarnath Tola, P.S.- Nokha, District - Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 397, 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of Arms Act.

The prosecution case in nutshell is that motorcycle borne miscreants snatched two mobile phones and 1,300/- rupees from the informant and his friend and assaulted the informant's friend by means of butt of country made pistol. It is further alleged that

Patna High Court CR. MISC. No.15130 of 2023(2) dt.28-04-2023 2/3 while chasing, miscreants ran away leaving behind the motorcycle and country made pistol, which was seized. On next day, three mobile phones and one motorcycle were recovered from the place of occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Laddu @ Santosh Chaudhary. Moreover, the petitioner is languishing in judicial custody since 03.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.15130 of 2023(2) dt.28-04-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dinara (Bhanas) P.S. Case No. 289 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rohtas.

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