Dhirendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28286 of 2024 Arising Out of PS. Case No.-153 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Dhirendra Singh S/o Brij Narayan Yadav R/o Village- Karwar, P.S.- Karagahar, District- Rohtas (Sasaram).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar, Advocate For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2024 Heard Mr. Saroj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Kudara P.S. Case No. 153 of 2020 registered under Sections 457 and 380 of the Indian Penal Code.

3. As per the allegation made in the FIR, battery of tractor and two mobile phones along with some cash were stolen by some unknown persons.

4. Learned counsel appearing on behalf of the petitioner submits that FIR is against some unknown persons and the petitioner has been dragged in the present case on the basis of SIM card used in one of the stolen mobile phones and the CDR is silent on this regard. Learned counsel submits that

Patna High Court CR. MISC. No.28286 of 2024(2) dt.15-05-2024 2/3 the SIM card was issued in the name of the petitioner and after using it for sometime, he discontinued to hold the said SIM card. The stolen mobile phones along with the said SIM card, were recovered from the possession of the co-accused and not from the house of the petitioner. On these grounds, the petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and informed that the petitioner has criminal antecedent and doesn't deserve to be released on bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that information has been given on behalf of the petitioner by the learned counsel that the SIM card was issued in the name of the petitioner and now the same SIM is not registered in the name of the petitioner. The District Court is directed to verify the said information, from the Telecom Company and if it is found that the SIM card, which was seized in course of the investigation, was not in the name of the petitioner, then in that case the petitioner is directed to be released on anticipatory bail, in the event of his/her arrest or surrender before the learned District Court, to the satisfaction of learned District and Sessions Judge, Kaimur

Patna High Court CR. MISC. No.28286 of 2024(2) dt.15-05-2024 3/3 (Bhabua) in connection with Kudara P.S. Case No. 153 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J.) Ashishsingh/- U T