Patna High CourtCR. MISC./39864/2024bail granted

Dilip Kumar v. The State Of Bihar

2024-07-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39864 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Dilip Kumar Son Of Sarwan Rai @ Charan Rai Resident Of Village - Koraiya Mahuawa, P.S. - Mahuawa, District - East Champaran ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Adapur P.S. case No. 108 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that while the informant was returning after collecting money, the accused persons including the petitioner surrounded him and looted his motorcycle, cash of Rs. 60,000/- and tab of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.39864 of 2024(3) dt.26-07-2024 2/2 was not arrested on the spot and his name has transpired on the basis of his self-confession made before the police. The recovered motorcycle in question belongs to the petitioner and the same is registered in the name of his father. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 30.03.2024 and has no criminal antecedent

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 connection with Adapur P.S. case No. 108 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T