Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54273 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Dilip Kumar, aged about 30 years, Gender, Male, SON OF ANAND MAHTO @ HAKIM, R/o WARD NO. 07, SHAHPUR, BASAUNA, BIBHUTIPUR, PS- BIBHUTIPUR, DIST- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-08-2024 Heard Mr. Pritish Kumar Lal, learned counsel appearing on behalf of the petitioner and Mr. Dinesh Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Ujiarpur P.S. Case No. 17 of 2024 registered for the offence(s) punishable under Section 395 of the Indian Penal Code.
3. As per the allegation made in the FIR, 6-7 miscreants overtook the pickup van of the informant bearing Registration No.BR01GJ-6399, in which dry foods and other eateries were loaded and thereafter on the strength of arms, they took away the said pickup van along with the materials kept in it. On the basis of FIR, raid was conducted and recoveries were
Patna High Court CR. MISC. No.54273 of 2024(2) dt.28-08-2024 2/3 made from different co-accused and the seizure list is made part of the FIR.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and his name has surfaced in the present case on the basis of confessional statement of one co-accused Satya Prakash, who was arrested and recovery was made from his house where the vehicle was also parked as would appear from the seizure list. Petitioner has clean antecedent and nowhere connected with the accused persons.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, from the bare perusal of the FIR, which is against unknown, it would appear that the recovery has been made from co-accused persons and in course of investigation on the basis of confessional statement of one co-accused Sayta Prakash, petitioner's name has come in the present case and confessional statement made before the police has no evidentiary value, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
Patna High Court CR. MISC. No.54273 of 2024(2) dt.28-08-2024 3/3 released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsinghsarai, Samastipur in connection with Ujiarpur P.S. Case No. 17 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) Sanjay/- U T