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Patna High CourtCR. MISC./32537/2025bail granted

Dharmendra Bin v. The State Of Bihar

2025-05-20Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32537 of 2025 Arising Out of PS. Case No.-508 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Dharmendra Bin S/O Late Suresh Bin Resident of Village- Sasamusa, P.SKuchaikote, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swarnima For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 310(2) of the B.N.S.

3. The First Information Report has been lodged against unknown stating that while the informant was returning after collection of Rs. 4,40,000/-, six unknown miscreants, on three bikes, looted his money on the point of weapons and fled away on a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and nothing has been recovered from his possession. The name of the petitioner has surfaced during the course of investigation in the confessional statement of co-accused Umashankar Ram before the police

Patna High Court CR. MISC. No.32537 of 2025(2) dt.20-05-2025 2/3 which has got no evidentiary value. It is further submitted that the looted motorcycle has been recovered in Gopalganj P.S. Case No. 880 of 2024 which was also lodged against unknown. However, it would appear from the bail order of one of the coaccused persons Monu Miyan who has been granted bail vide order dated 14.05.2025 passed in Cr. Misc. No. 28826 of 2025 that the looted Splendor Motorcycle was recovered from the possession of the co-accused Sonu Miyan and Samsuddin. The petitioner is in custody since 16.12.2024 and a supplementary affidavit filed by the petitioner would show that the petitioner is an accused in two other cases under Excise Act.

It is submitted that there is no other material against the petitioner collected during the course of investigation but for the confessional statement of Umashankar Ram and considering the said submission, other similarly situated accused persons have been granted bail vide order dated 02.05.2025 passed in Cr. Misc. No. 25071 of 2025, order dated 07.05.2025 passed in Cr. Misc. No. 27437 of 2025 and order dated 30.04.2025 passed in Cr. Misc. No. 23113 of 2025.

5. Learned APP for the State has opposed the application for anticipatory bail.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.32537 of 2025(2) dt.20-05-2025 3/3 case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kuchaikote P.S. Case No. 508 of 2024. (Soni Shrivastava, J) devendra/- U T