Patna High CourtCR. MISC./43290/2023bail granted

Dilip Kumar @ Tikki Wala v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43290 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== DILIP KUMAR @ TIKKI WALA son of Kishore Sahani Village- Chhoti Kothiya Sherpur Ps- Musahari Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Bhagwanpur P.S. Case No. 126 of 2021 dated 11.06.2021 registered for the offence punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, on 10.06.2021, while the informant along with three persons were going from Patna to Sitamarhi on a Dak Parcel Van carrying Dak Parcel and when they reached at Bhagwanpur, one white car over took their van and 3-4 miscreants looted the parcel van along with the goods.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43290 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused. The other co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 12.07.2022 passed in Cr. Misc. No. 7419 of 2022. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 22.12.2022.

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, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 126 of 2021.

8. The application stands allowed.

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