Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38078 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- SARSI District- Purnia ====================================================== Dhiraj Kumar S/O Subhash Das R/O Bari Paikat, P.S.- Pasraha, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case in nutshell is that when the informant along with his friends were traveling by car bearing registration No. BR-10AC-3728, four persons came in a car and surrounded them and threatened them with lathi, danda and knife. They also broke the mirror of the car and assaulted them. One boy

Patna High Court CR. MISC. No.38078 of 2022(3) dt.03-01-2023 2/3 forcibly took away the mobile of the informant and threatened him and transferred Rs. 42,000/- using phone pay app to another mobile number in the name of Rahul Kumar Yadav. Thereafter all the accused persons fled away in a car bearing registration No. HR-01X3942. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 12.01.2022. It is further submitted that petitioner is not named in F.I.R. and his name sprang up during investigation of this case on the basis of CDR. It is also submitted that nothing has been recovered from the conscious possession of the petitioner and he has also been not put up on Test Identification Parade. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.38078 of 2022(3) dt.03-01-2023 3/3 and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sarsi P.S. Case No. 18 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea. (Sunil Kumar Panwar, J) nirajkrs/- U T