Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40307 of 2020 Arising Out of PS. Case No.-188 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== DHARMENDRA KUMAR Son of Nageshwar Singh Residence of Village Barhari, P.O.- Pokhariya, P.S.- Sadar, District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with K. Nagar Police Station Case No. 188 of 2020, registered for the offence punishable under Sections 409/406/420/379/411 of the Indian Penal Code.

The allegation, as per the First Information Report, is that while the petitioner, who is also the informant of this case, was proceeding towards Purnea from Dhamdha, he was intercepted by two persons riding on a red-coloured Apache motorcycle and the amount, to the tune of Rs. 5,97,750/-, which the petitioner was carrying after collecting the same from the customers, was snatched by the miscreants. In course of

Patna High Court CR. MISC. No.40307 of 2020(2) dt.02-03-2021 2/3 investigation, the police found that no such occurrence has taken place and the snatched amount was recovered from the house of the petitioner.

Learned Counsel for the petitioner submits that the petitioner is an agent of M/s Laxmi Metals and Steel Private Limited Company and after collecting the amount, he was returning and was intercepted by unknown persons, who snatched away the amount. However, in course of investigation, the petitioner has falsely been implicated in this case with oblique motive. He next submits that the amount, which was collected by the petitioner has allegedly been recovered from the house of the petitioner and the petitioner is in custody since 30.06.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 30.06.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be

Patna High Court CR. MISC. No.40307 of 2020(2) dt.02-03-2021 3/3 released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea, in connection with K. Nagar Police Station Case No. 188 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √