Dharmender Sah @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48494 of 2019 Arising Out of PS. Case No.-121 Year-2013 Thana- BIDUPUR District- Vaishali ====================================================== DHARMENDER SAH @ RAHUL KUMAR, aged about 20 years (Male), Son of Mohan Lal Gupta, Resident of Village - Chak Moihammad, P.S.- Desri, Dist.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arvind Kumar Singh, Advocate.

For the Opposite Party :

Mr.Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.01.2019 in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that one Praveen Chandra, the informant, moved from his Village-Khoksha by his Hero Honda Motorcycle bearing Registration No. BR-31L-4653 for Hajipur on 24.04.2013 at about 7.45 P.M. When he reached Hajipur-Jandaha Road and was moving towards Chaksikandar Bazar, in no-mans area, one Motorcycle from behind overtook him in which three miscreants were sitting. The miscreants had stopped him and snatched his Motorcycle, Helmet, Handbag

Patna High Court CR. MISC. No.48494 of 2019(2) dt.07-08-2019 2/2 containing original papers of Motorcycle, Driving License and papers on the gun point and fled away towards Jandaha. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case after a period of four years. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 14th, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 121 of 2013.

(Sudhir Singh, J) U.K./- U T