Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41598 of 2023 Arising Out of PS. Case No.-1036 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== DHIRAJ KUMAR S/o-MUKESH THAKUR Village- Kusha Ps- Magadh University Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, the informant went market by motorcycle for purchasing the vegetable and parked his motorcycle near the shop of one Rajendra Thakur. Thereafter, it is alleged that when he returned after purchasing the vegetable found his motorcycle was missing.

Patna High Court CR. MISC. No.41598 of 2023(3) dt.07-08-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. He submitted the petitioner was suddenly arrested on 05.01.2023 by the police and on said date one motorcycle stolen in Sherghati P.S. Case No. 1097 of 2022 was shown recovered from his possession and further police forcibly his signature was taken on some blank papers, and the same has been converted into his confessional statement. The name of the petitioner has come into light, on the basis of confessional statement of himself before the police and remanded in this case from another case on 20.02.2023 and since then he is languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.41598 of 2023(3) dt.07-08-2023 3/3 satisfaction of the learned Court below in connection with Sherghati P.S. Case No. 1036 of 2022.

(Sunil Kumar Panwar, J) arish/- U T