Dipesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15073 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- MUSAHARI District- Muzaffarpur ====================================================== Dipesh Kumar Son of Agni Dev Singh Resident of Resident of VillageDubaha Buzurg, Muzaffarpur, P.S.- Sakra, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Mushahari P.S. Case No. 294 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3.
The prosecution case, in short, is that, two unknown miscreants intercepted the informant and snatched bag containing cash amounting to Rs. 1,80,000/-, one Samsung Tablet, a Marpho Biometric machine and fled away. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.15073 of 2025(3) dt.11-04-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case during course of investigation. No T.I. parade has been conducted in this case. Learned counsel submits that allegedly Rs. 1.80 lakhs in recovered from the possession of the petitioner. The petitioner is in custody since 20.11.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 25.02.2025 passed in Cr. Misc. No. 9886 of 2025.
5.
Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mushahari P.S. Case No. 294 of 2024,
Patna High Court CR. MISC. No.15073 of 2025(3) dt.11-04-2025 3/3 subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T