Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48803 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- SHIKARGANJ District- East Champaran ====================================================== Dhiraj Kumar S/o- Anahoti Ray Village- Godhiya Haraj Ps- Shikarganj DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 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 Shikarganj P.S. Case No. 02 of 2025 dated 05.01.2025 registered for the offences punishable u/ss 331(4) and 305(a) of the B.N.S.

3. As per the prosecution case, the co-accused persons namely, Ramabli Prasad and Pintu Kumar are alleged to have committed theft of Laptop, Printer, Lamination Machine, , Mobile phone, Rs. 1,60,000/- in cash and goods of worth Rs. 3,10,000/- in the shop of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.48803 of 2025(2) dt.18-08-2025 2/3 this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. It is further submitted that police arrested the petitioner and due to previous criminal antecedents and on the basis of the confessional statement of the petitioner, he was taken into custody and remanded in the present case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that as per the F.I.R., the specific allegation of theft is against the co-accused persons. The petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that as per the impugned order, during the course of investigation,, from the para 35 of the case diary, Laptop, Printer, Lamination Machine and mobile were recovered from the possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.48803 of 2025(2) dt.18-08-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Sikarhana, Dhaka, East Champaran in connection with Shikarganj P.S. Case No. 02 of 2025 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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