Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31100 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== DIPAK KUMAR SON OF UMESH YADAV @ DOMA YADAV R/O VILLAGE- PITHWA TOLA, P.S.- DEODHA, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, the informant runs a cloth shop at Mahinathpur Village. He was going towards his house in the meantime, three miscreants came and looted 40,000/- cash and motorcycle from the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. From the perusal of the impugned order, it appears that the looted

Patna High Court CR. MISC. No.31100 of 2023(2) dt.24-06-2023 2/2 motorcycle was recovered from the possession of co-accused Suman Kumar Yadav. The name of the petitioner has come into light, on the basis of confessional statement of himself in other case and remanded in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 19.02.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Madhubani in connection with Basopatti P.S. Case No. 177 of 2022. (Sunil Kumar Panwar, J) arish/- U T