Dhiraj Singh @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22971 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- SALAIYA District- Aurangabad ====================================================== DHIRAJ SINGH @ DHIRAJ KUMAR (M), aged about 20 years, S/o Birendra Singh R/o Village- Naga Bigha, P.S.- Salaiya, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Salaiya P.S.Case No.09 of 2019 for the offence alleged under Section 414 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that on secret information that some stolen hand pump sets are being concealed by several persons in Barabigha, the police conducted a raid in the house of the petitioner and two others. From the house of the petitioner two motor pump sets were recovered. With regard to one pump set, the petitioner had stated that he had bought from one Suresh Bhuiyan, for the other he could not give any satisfactory reply which was alleged to be stolen one. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court CR. MISC. No.22971 of 2019(2) dt.15-04-2019 2/2 has been falsely implicated in the aforesaid case. He submits that the two motor pump sets were not stolen property and the said motor pump sets was recovered from the joint house of the petitioner for which the petitioner could not be made accused and the petitioner is languishing in judicial custody since 13.02.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Salaiya P.S.Case No.09 of 2019 to the satisfaction of learned Additional Chief Judicial MagistrateVIII, Aurangabad, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

B.Kr./- (Nilu Agrawal, J) U T