Dhurkhaili Das @ Dhurkheilo Das @ Dhurkheli Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17039 of 2023 Arising Out of PS. Case No.-493 Year-2021 Thana- BANKA District- Banka ====================================================== DHURKHAILI DAS @ DHURKHEILO DAS @ DHURKHELI DAS S/O GUNNA DAS @ GUJJO DAS R/O VILLAGE-MDHESHDIH, P.S- BANKA, DISTRICT- PATNA(BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiw Kumar Prabhakar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 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 Sections 393, 307 and 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3,4 and 5 of the Explosive Substance Act.

As per prosecution case, at midnight, seven miscreants tried to stop a truck bearing Registration No.

Patna High Court CR. MISC. No.17039 of 2023(2) dt.11-05-2023 2/3 AP24TA-9873 but the driver of the truck did not stop. One of the miscreants threw explosive substance on truck, as a result of which the truck lost its balance and the driver sustained severe injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused. Nothing incriminating article has recovered from the conscious possession of the petitioner. He submitted that the other co-accused has already granted bail by a Co-ordinate Bench vide order dated 24.01.2023 passed in Cr. Misc. No. 30348 of 2022. He is languishing in judicial custody since 21.09.2022.

The application for bail is opposed by learned APP for the State.

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

Patna High Court CR. MISC. No.17039 of 2023(2) dt.11-05-2023 3/3 of the like amount each to the satisfaction of the learned Court of A.D.J.-IV, Banka in connection with Banka P.S. Case No. 493 of 2021.

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