Dilkush Kumar @ Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20092 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Dilkush Kumar @ Dilkhush Kumar S/o Ajay Singh R/o Vill - Chobar, P.S. - Tankupaa, Dist. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate.

For the State :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Heard Mr. Ajay Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Tankuppa P.S. Case No. 98 of 2023 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per the allegation made in the F.I.R. which is against unknown, 2-3 unknown miscreants at the point of pistol snatched mobile, purse and bag of the informant containing Rs.1,73,000/- and thereafter fled away from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is quite innocent and he has been falsely implicated in the case merely on suspicion. The

Patna High Court CR. MISC. No.20092 of 2024(2) dt.02-04-2024 2/2 petitioner is not named in the F.I.R. He further submits that on the disclosure made by the witnesses, the petitioner has been made accused in the present case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R and the fact that investigation is going on, F.I.R. is against unknown and the petitioner has been made accused on the disclosure made by the witnesses, it would be proper that the petitioner may surrender before the court below and seek regular bail. The District Court on the basis of the material collected in course of investigation may grant bail to the petitioner on the same day considering the fact that the petitioner is not named in the F.I.R.and he has clean antecedent.

7. The bail application, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T