Patna High CourtCR. MISC./56053/2024bail granted

Dabloo Kumar v. The State Of Bihar

2024-08-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56053 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- NALANDA District- Nalanda ====================================================== Dabloo Kumar son of Surendra Yadav Village- Mohanpur Ps- nalanda DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Adv :

Mr. Abhishek, Adv For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 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 Nalanda P.S. Case No. 248 of 2023 dated 25.10.2023 registered for the offences punishable u/s 341, 323, 307, 379, 147, 149 and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and 12 to 13 co-accused persons are alleged to have surrounded the informant and tried to snatch his chain and diamond ring. On being protested, the accused persons assaulted the informant on his head with pistol due to which he fell down. Thereafter, they took out chain and diamond ring due to which his fingeres got

Patna High Court CR. MISC. No.56053 of 2024(2) dt.20-08-2024 2/3 injured.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The injury which is sustained by the informant is simple in nature. The petitioner has eleven criminal antecedents out of which he has been acquitted of 8 criminal cases and he is on bail in three criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2024.

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 and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, 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, Nalanda in connection with Nalanda P.S. Case No. 248 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below

Patna High Court CR. MISC. No.56053 of 2024(2) dt.20-08-2024 3/3 on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

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