Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43670 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- JAKKANPUR District- Patna ====================================================== Dinesh Kumar S/o Baleshwar Prasad @ Baleshwar Rai R/o VillageKarbigahia, ward no. 29, Prithwipur, Chiraiyatarh, P.S.-Jakkanpur, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar, Adv For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jakkanpur P.S. Case No. 178 of 2024 dated 26.03.2024 registered for the offences punishable u/s 37 of the Bihar Prohibition and Excise Act and Section 419, 420, 384, 506 and 170 of the Indian Penal Code.
3. As per the prosecution case, on 26.03.2023 the informant received secret information that the petitioner was extorting money from people in the police uniform. On being inquired, the petitioner disclosed that he had bought the said uniform by paying Rs. 350/-. During the test of breathe analyser,
Patna High Court CR. MISC. No.43670 of 2024(2) dt.26-06-2024 2/3 166mg/100 ml alcohol was found. On the basis of the above application the present F.I.R has been lodged.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is that he was allegedly found over the Mithapur Flyover in an intoxicated condition. It has also been alleged that he was trying to extort money from the commuters by donning the police uniform. It is further submitted that no money and mobile phones were recovered from the possession of the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Patna, in connection with Jakkanpur P.S. Case No. 178 of 2024.
Patna High Court CR. MISC. No.43670 of 2024(2) dt.26-06-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T