Dinesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32247 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Dinesh Sharma Son of Dilip Sharma Resident of Mohalla- Gausganj, Gangi, P.S.- Ara Town, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Adv.
For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Ara Town P.S. Case No. 14 of 2024 instituted for the offences under Sections 414, 467, 468, 120(B) of the Indian Penal Code.
3. As per prosecution case, on receipt of information, the police reached at the place of occurrence/garage on which allegedly the petitioner was found working on the suspicious truck bearing no number plate. After investigation, the truck was found to be stolen one.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.32247 of 2024(3) dt.17-05-2024 2/3 He submits that the truck, in question, was allegedly brought by the co-accused/Rakesh Kumar for denting and painting in the garage of the petitioner and the aforesaid Rakesh Kumar has already been granted bail by this Court vide order dated 25.04.2024 passed in Cr. Misc. No. 31748 of 2024. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged truck. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 08.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the claim for bail being based on parity, let the petitioner, abovenamed, be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in
Patna High Court CR. MISC. No.32247 of 2024(3) dt.17-05-2024 3/3 connection with Ara Town P.S. Case No. 14 of 2024. (Rudra Prakash Mishra, J) rishi/- U T