Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24406 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Dhiraj Kumar S/o Lalan Sahani R/o Village- Bhasas (South Part), Ward No. 12, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Birpur P.S. Case No. 185 of 2024 instituted for the offence under Sections 303(2), 334(1) & 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that theft has been committed in the shop of the informant at night and LED TV, cash of Rs. 10,000/- along with other articles were stolen from his shop.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.24406 of 2025(2) dt.22-04-2025 2/3 that the petitioner is in custody since 17-09-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Leela Devi. Charge sheet is submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Other co-accused has been granted bail by this Court vide order dated 29-01-2025, passed in Cr. Misc. No. 3826 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Birpur P.S.

Patna High Court CR. MISC. No.24406 of 2025(2) dt.22-04-2025 3/3 Case No. 185 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T