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Patna High CourtCR. MISC./47605/2022allowed

Dilip Kumar @ Deelip Kumar v. The State Of Bihar

2023-02-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47605 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- DARPA District- East Champaran ====================================================== 1.

Dilip Kumar @ Deelip Kumar Son Of Nagendra Rai R/V- Bathuwahiya, P.S- Darpa, Dist- East Champaran 2.

Pardeep Kumar Son Of Yogendra Rai R/V- Bathuwahiya, P.S- Darpa, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Darpa P.S. Case No. 93 of 2021 registered for the offence under Section 392 of the Indian Penal Code.

Prosecution case relates to robbery of a super splendor motorcycle bearing Registration No. BR-05-AJ-8549 along with a mobile and Rs. 10,000/- from the informant while he was going to his house.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.47605 of 2022(4) dt.02-02-2023 2/2 that neither the petitioners were arrested on spot nor any stolen article has been recovered from their conscious possession. The petitioners are not named in FIR rather the name of the petitioners came into light in this case on the basis of self confessional statement of the petitioners. It is further submitted that the petitioners are languishing in judicial custody since 30.10.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case and the custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Darpa P.S. Case No. 93 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Motihari, East Champaran. (Sunil Kumar Panwar, J) subham/- U T