Patna High CourtCR. MISC./47653/2024bail granted

Dilkhush Kumar v. The State Of Bihar

2024-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47653 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== Dilkhush Kumar S/o Birbal Yadav @ Birendra Yadav R/O VILL - JOGBANI WARD NO. 14, P.S. GAMHARIA, DISTT. - MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gamharia P.S. Case No. 179 of 2023 dated 28.09.2023 registered for the offences punishable under Sections 392 and 412 of the Indian Penal Code.

3. As per the prosecution case, four miscreants riding on two motorcycles intercepted the informant and looted away his motorcycle, Rs. 17000/- in cash and mobile phone on the gunpoint. The informant has claimed that the miscreants were identified as Dilkhush Kumar (petitioner), Kundan Kumar @ Prince Kumar, Chandan Kumar @ Fitku and Dharmendra Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.47653 of 2024(2) dt.29-07-2024 2/2 petitioner. Learned counsel has submitted that the motorcycle was recovered from the house of the co-accused Lalo Yadav. The petitioner has two criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.11.2023.

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

6. 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 Judicial Magistrate1st, Madhepura in connection with Gamharia P.S. Case No. 179 of 2023.

7. The application stands allowed.

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