Dhiraj Kumar @ Vishal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45035 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- BARH District- Patna ====================================================== Dhiraj Kumar @ Vishal Son of Siyaram Paswan @ Shiyaram @ Sri Ram Paswan, Resident of Village- Panchshil Nagar, P.S.- Barh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Barh P.S. Case No. 164 of 2023 dated 14.03.2023 registered for the offences punishable under Sections 461, 379 and 414 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and he was not apprehended at the spot and in this matter there is no question of any recovery of stolen articles, as per the prosecution story narrated in the FIR all the articles, which were allegedly removed by the accused persons, were found on the roof of informant's shop and co-accused Sonu Kumar who was apprehended at the spot, disclosed the
Patna High Court CR. MISC. No.45035 of 2023(2) dt.27-07-2023 2/2 name of this petitioner and co-accused. Further submission are that the petitioner has been languishing in jail since 02.05.2023 and against him the investigation has been completed and all the alleged offences are triable by the Court of Magistrate.
4. Learned APP appearing for the State opposes the bail prayer.
5. Having regard to the facts and circumstances of this case as well as considering the above submissions, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Barh P.S. Case No. 164 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T