Dabloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38611 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- NALANDA District- Nalanda ====================================================== Dabloo Kumar Son Of Sumindra Gop @ Surendra Gop Resident Of VillageMohanpur, Ps- Nalanda, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Nalanda P.S. Case No. 9 of 2023 registered for the offence under Section 392 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 25.01.2023.

4. The allegation against the petitioner is to commit robbery alongwith other unknown co-accused persons and while committing so taken away mobile, motorcycle and cash of Rs. 1,000/- belongs to informant.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely Ajay Kumar, where in furtherance of which, no incriminating

Patna High Court CR. MISC. No.38611 of 2023(2) dt.19-07-2023 2/3 material recovered/surfaced from this petitioner rather from another co-accused, namely Ajay Yadav. It is submitted that petitioner was not put on T.I.P., as yet. While concluding the argument, it is submitted that petitioner found involved in 10 more criminal cases, where he has been acquitted in 7 cases and in 2 cases he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above and by taking note of the fact as save and except confessional statement no incriminating material recovered/surfaced during the course of investigation as to connect this petitioner, prima facie, with the present occurrence of robbery coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 25.01.2023, accordingly petitioner, above named, is directed to be released on bail in connection with Nalanda P.S. Case No. 9 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.38611 of 2023(2) dt.19-07-2023 3/3 learned Judicial Magistrate 8, Nalanda, Biharsharif/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T