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Patna High CourtCR. MISC./24736/2022bail granted

Dilip Kumar Singh @ Sri Dilip Kumar Singh @ Dilip Kumar @ Dilip Singh v. The State Of Bihar

2023-01-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24736 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== DILIP KUMAR SINGH @ SRI DILIP KUMAR SINGH @ DILIP KUMAR @ DILIP SINGH S/o Late Brija Singh Resident of Village- Sawan Bigrah, P.S.- Daraunda, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr.Bijoy Kumar Sinha, Adv.

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2023 Heard the learned Senior Counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Daraunda P.S. Case No. 94 of 2021, registered for the offence punishable under Section 409 of the Indian Penal Code.

The allegation is regarding the petitioner, who is a PDS dealer since past 30 years, having lifted the food articles against quota of Kismati Devi, who is not traceable since a period of two years, resulting in misappropriation of the food articles of the quota of the said missing lady.

Patna High Court CR. MISC. No.24736 of 2022(3) dt.19-01-2023 2/3 The learned Senior Counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 17.02.2022. The learned Senior Counsel for the petitioner has further submitted that the petitioner has got no complicity in the matter and it was the department, which was allotting the quota of the said traceless lady, however, the petitioner was not knowing that the said lady is traceless.

Per contra, the learned APP 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 Senior Counsel for the petitioner and taking into account the materials on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is

Patna High Court CR. MISC. No.24736 of 2022(3) dt.19-01-2023 3/3 directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in connection with Daraunda P.S. Case No. 94 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T