Dishu Kumar @ Dishu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33823 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- DINARA District- Rohtas ====================================================== Dishu Kumar @ Dishu Patel Late Satyendra Choudhary R/O VillageMahuary, P.S- Kochas, Distt.- Rohtas At Sasaram. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 395, 412 of the Indian Penal Code.

As per prosecution case, while the informant was returning to his village from Vindhyanchal in the meantime, 3-4 miscreants came there and looted cash, golden ornaments and three mobiles from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of his self confessional statement before the police which is inadmissible in the eye of

Patna High Court CR. MISC. No.33823 of 2023(2) dt.26-06-2023 2/2 law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted vide para 13 of the petition that the seizure list shows that some incriminating materials recovered from house of one Sonu Kumar not from petitioner. Moreover, the petitioner has got no criminal antecedents and is languishing in judicial custody since 18.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dinara P.S. Case No. 402 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IInd, Rohtas at Sasaram.

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