Dilip Kumar @ Dilip Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49214 of 2024 Arising Out of PS. Case No.-324 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Dilip Kumar @ Dilip Kumar Gupta son of Rampravesh Ravidas @ Rampravesh Gupta Mohalla- Ghugharitand Ps- Vishnupad Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Magadh Medical P.S. Case No. 324 of 2023 dated 11.07.2023 registered for the offences punishable u/s 379 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants are alleged to have stolen the tractor along with its Dalla of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the

Patna High Court CR. MISC. No.49214 of 2024(2) dt.01-08-2024 2/2 co-accused, Aniket Kumar. Nothing has been recovered from the conscious possession of the petitioner. The stolen tractor was recovered from the premises of the co-accused Chottu. The petitioner has five criminal antecedents and he is on bail in three cases as stated in para 3 of the bail petition. The petitioner is in custody since 17.01.2024.

5. Learned A.P.P. for the State has vehemently 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 Court concerned, Gaya in connection with Magadh Medical P.S. Case No. 324 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to cancelled.

7. The application stands allowed.

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