Patna High CourtCR. MISC./27622/2024allowed

Diwakar Kumar @ Diwakar Kumar v. The State Of Bihar

2024-04-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27622 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- MAHKAR District- Gaya ====================================================== Diwakar Kumar @ Diwakar Kumar Son of Karu Yadav Resident of VillageBara, P.S.- Rajauli, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahkar P.S. Case No. 258 of 2023 instituted for the offence under Sections 395, 412 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner and co-accused persons is that they on the point of pistol took away the Creta car.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.02.2023. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.27622 of 2024(2) dt.20-04-2024 2/2 counsel that petitioner has been falsely implicated in the present case. The petitioner has no concern with the alleged occurrence. It is next submitted that co-accused has already granted bail vide order dated 02.04.2024 passed in Cr. Misc. No. 22744 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner.

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 and judicial custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail after framing of charge, if already not framed on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Mahkar P.S. Case No. 258 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T