Patna High CourtCR. MISC./53551/2024bail granted

Dhananjay Kumar v. The State Of Bihar

2024-08-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53551 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Dhananjay Kumar Son of Chuman Prasad Yadav @ Chuman Yadav VillageShambhu Chak, P.S.- Kalyanpur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dumariyaghat P.S. Case No. 229 of 2023 instituted for the offences under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the petitioner has been found fleeing away with with co-accused persons a motorcycle which has been recorded in the CCTV. It is alleged that the motorcycle was being driven by the co-accused Mantu while Dhananjay (petitioner) and Sonu were sited as pillion rider.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.53551 of 2024(2) dt.02-08-2024 2/3 against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and nothing incriminating has been recovered from his conscious possession. Till date, no Test Identification Parade has been conducted in this case. The petitioner has one criminal antecedent and is languishing in judicial custody since 27.03.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Mantu Kumar and Md. Jubair Alam @ Shekhar have been granted bail by this Court vide orders dated 04.04.2024 and 01.04.2024 passed in Cr. Misc. Nos. 24462 of 2024 and 20567 of 2024 respectively.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the fact that the co-accused having been granted bail by this Court, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumariyaghat P.S.

Patna High Court CR. MISC. No.53551 of 2024(2) dt.02-08-2024 3/3 Case No. 229 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T