Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54552 of 2022 Arising Out of PS. Case No.-475 Year-2015 Thana- KANTI District- Muzaffarpur ====================================================== Dhiraj Kumar S/O Sri Uma Shankar Singh Resident Of Village- Rampur Dhemha, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case in nutshell is that coaccused Golu Thakur and Pintu @ Pintu Sah came at the door of the informant and took away the nephew of the informant along with them. Later, dead body of his nephew was found.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.54552 of 2022(2) dt.16-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in F.I.R and his name sprang up in the present case on the basis of confessional statement of co-accused, namely, Golu. There is no consistent material evidence against the petitioner which shows the involvement of petitioner in the present offence. Moreover, the petitioner is languishing in judicial custody since 21.03.2022. Similarly situated co-accused persons have been granted Bail vide order dated 27.06.2018 and 02.08.2017, passed in Cr. Misc. No. 36657 of 2018 and 23213 of 2017 respectively by the co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.54552 of 2022(2) dt.16-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Kanti P.S. Case No. 475 of 2015 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 Judicial Magistrate, 1st Class, West Muzaffarpur.

(Sunil Kumar Panwar, J) nirajkrs/- U T