Patna High CourtCR. MISC./37112/2024bail granted

Dilip Kumar @ Dilip Kumar Gupta v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37112 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Dilip Kumar @ Dilip Kumar Gupta S/O Rampravesh Ravidas @ Rampravesh Gupta R/O Mohalla- Ghugharitand, P.S.-Vishnupad, District- Gaya (BIHAR), PIN 823001 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rampur P.S. Case No. 514 of 2023, lodged on 13.08.2023 under Sections 457, 380 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against four unknown accused persons against whom there is allegation that they have committed theft at the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR. The name of the petitioner has been figured in this case only by

Patna High Court CR. MISC. No.37112 of 2024(2) dt.30-05-2024 2/3 virtue of self confessional statement.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there are five criminal cases pending against him in which he is on bail. The petitioner is in custody since 30.09.2023 in the present case. Counsel further submits that other co-accused person has been bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 9012 of 2024.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect may be taken into consideration while considering the bail application of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Gaya in connection with Rampur P.S. Case No. 514 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

8. However, the petitioner shall be granted bail only

Patna High Court CR. MISC. No.37112 of 2024(2) dt.30-05-2024 3/3 on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Magadh Medical College P.S. Case No. 93 /2022. (II)- Chandauli P.S. Case No. 290 of 2022.

(III)- Rampur P.S. Case No. 525 of 2023.

(IV)- Rampur P.S. Case No. 480 of 2023.

(V)- Magadh Medical P.S. Case No. 324 of 2023. (Dr. Anshuman, J) tusharika/- U T