Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14832 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- BIND District- Nalanda ====================================================== DHIRAJ KUMAR Son of Ashok Ravidas @ Ashok Mochi Resident of village - Karjara, P.S.- Ben and District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== 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 prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code and later on added Sections 395 and 412 of the IPC. As per prosecution case, the informant received a call for videography in a reception party. The informant, his brother along with cousin went that place, where they called him. When they reached at that place, on the point of pistol some unknown miscreants assaulted them and snatched motorcycle key, mobile, video camera, LED light, flash light and some papers. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner had gone

Patna High Court CR. MISC. No.14832 of 2023(2) dt.28-04-2023 2/3 to meet one of his relative at village- Shahpur, where the police raided and recovered two mobile phones. From the perusal of the seizure list, it appears that from the house of the co-accused Miltan Kumar recovery has been made and since he was present with him, has implicated in the present case. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The police forcibly took his signature on blank paper and the same was converted into his self confessional statement, which has got no evidentiary value in the eyes of law. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.09.2022.

The application for bail is opposed by learned APP for the State and submitted that T.I. Parade has been conducted, which is apparent from the impugned order and the informant identified the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-

Patna High Court CR. MISC. No.14832 of 2023(2) dt.28-04-2023 3/3 1st Class, Nalanda at Bihar Sharif in connection with Bind P.S. Case No. 150 of 2022.

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