Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48301 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- JAIPUR District- Banka ====================================================== Dhananjay Kumar S/O Tarni Yadav R/O Village- Charghara, P.S- Bandhua Kurawa, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jaipur P.S. Case No. 25 of 2024 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that informant was accosted with four unknown miscreants, who on the point of pistol, taken away the motorcycle of the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-04-2024. Petitioner is stated to be a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.48301 of 2024(2) dt.10-07-2024 2/2 case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this on the basis of confessional statement of co-accused, namely, Patel Kumar and the same has no evidentiary value in the eye of law. It is submitted that nothing has been recovered from the possession of the petitioner. It is next submitted that looted motorcycle was recovered from the house of co-accused, namely, Patel Kumar. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Jaipur P.S. Case No. 25 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T