Dharmendra Kumar @ Dharmendra @ Tikiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28131 of 2021 Arising Out of PS. Case No.-227 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== DHARMENDRA KUMAR @ DHARMENDRA @ TIKIYA Son of Rambabu Rai Resident of Village- Sarariya, P.S.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Bela Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 227 of 2019 for the offence punishable under Sections 420, 467, 468, 471, 414/34 of the Indian Penal Code. The allegation is regarding the co-accused person namely Srinath Singh having been arrested by the Police along with a stolen motorcycle whereafter, upon interrogation he had disclosed the whereabouts of other stolen motorcycle and one such stolen motorcycle was then recovered from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent and only on account of his bad criminal antecedent, he has been falsely implicated in the present case. It is also submitted that the aforesaid co-accused person namely Srinath Singh has already been granted bail by a coordinate Bench of this Court vide order dated 14.11.

Patna High Court CR. MISC. No.28131 of 2021(2) dt.07-12-2021 2/2 No. 62786 of 2019. Lastly, it is submitted that the petitioner is languishing in custody since 31.12.2020.

Per contra, Shri Ashok Kumar, learned APP appearing for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 227 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T