Patna High CourtCR. MISC./43533/2023bail granted

Dayanand Kumar v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43533 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- PIPRA District- Supaul ====================================================== DAYANAND KUMAR, Son of Yogilal Yadav @ Jogilal Yadav @ Jogila Resident of village - Devipatti Bathnaha, Ward No.- 11, P.S.- Pipra, District - Supaul, State - Bihar 852218. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Pipra P.S. Case No. 60 of 2023 dated 23.02.2023 registered for the offences punishable u/s 384 read with Section 34 of the Indian Penal Code and u/ss 25(1-B)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons went to the petrol pump at the midnight and demanded petrol as extortion. They were apprehended by the police. On search, a country made katta was recovered from the co-accused Ranjan Kumar and TVS blue colour motorcycle and

Patna High Court CR. MISC. No.43533 of 2023(2) dt.31-07-2023 2/2 green colour mobile were recovered from the possession of the petitioner and the co-accused person.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner. The co-accused persons have already been granted bail by the Coordinate Bench of this court vide order dated 03.07.2023 passed in Cr. Misc. No. 37723 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Pipra P.S. Case No. 60 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T