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Patna High CourtCR. MISC./55617/2024bail granted

Dhannu Dhobi @ Dhannu Kumar v. The State Of Bihar

2024-09-02Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55617 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Dhannu Dhobi @ Dhannu Kumar S/o Chandram Dhobi R/o vill - Bahuwan, P.S. - Bhabua, District. - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Mohania P.S. Case no. 158 of 2024, registered under section 379 of Indian Penal Code to which section 411 of the Indian Penal Code was added subsequently.

3. As per the prosecution case, the informant states that his motorcycle, which was parked at his usual place of parking, went missing and was not to be found.

4. Learned counsel for the petitioner submits that the the FIR was registered against unknown. Referring to the order of the learned trial Court, it is submitted that the stolen motorcycle was recovered from the possession of one Kishan

Patna High Court CR. MISC. No.55617 of 2024(2) dt.02-09-2024 2/3 Kumar on whose confessional statement before the police, the name of other co-accused transpired and which included the petitioner herein. It is further submitted that as per the prosecution case, a number of stolen motorcycles was recovered of which one of the stolen motorcycle was recovered from the possession of this petitioner. Learned counsel submits that contrary to allegations, no incriminating article has been recovered from the petitioner's possession, who has been falsely implicated in the case. He has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation as is evident from the order of learned trial Court and specially the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mohania P.S. Case no. 158 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief

Patna High Court CR. MISC. No.55617 of 2024(2) dt.02-09-2024 3/3 Judicial Magistrate, Mohania, Kaimur at Bhabua. (Partha Sarthy, J) Shiv/- U T