Arun Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6147 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== ARUN DOM Son of Joni Dom @ Sargun Dom Resident of Village - Rajandipur (Babupur), P.S.- Sabour, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Lodipur Police Station Case No. 89 of 2020, registered for the offences punishable under Sections 392/395/412 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the informant, who is Assistant Sub-Inspector in Lodipur Police Station, got information on his mobile that near Jhamshi village, a truck driver was being assaulted and for verification, the informant proceeded towards the place of occurrence and came to know that four unknown miscreants looted the mobile phone and money from the truck driver near Jhamshi High

Patna High Court CR. MISC. No.6147 of 2021(2) dt.05-04-2021 2/3 School.

Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of the confessional statement of co-accused Raj Kumar Yadav, recorded in Lodipur Police Station Case No. 92 of 2020. He further submits that the petitioner has falsely been implicated in this case on the basis of the disclosure of his name by co-accused person and the petitioner has not committed any offence in the manner alleged. He next submits that no incriminating article and/or looted article has been recovered from the possession of the petitioner and he has also not been put on T.I.P.

He further submits that the First Information Report has not been lodged by the truck driver and in the entire prosecution story, the amount, allegedly snatched by the miscreants from the truck driver, has not been disclosed. He further submits that similarly situated co-accused person, namely, Gyani Kumar, has been granted regular bail by co-ordinate Bench of this Court in Criminal Misc. No. 43 of 2021 and the petitioner is in custody since 23.06.2020.

Patna High Court CR. MISC. No.6147 of 2021(2) dt.05-04-2021 3/3 been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Lodipur Police Station Case No. 89 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √