Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53694 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== DHIRAJ KUMAR SON OF RAM UCHIT SINGH VILLAGE MADHURAPUR PO MALIKPURA PS GORAUL DISTRICT VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 394 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, four miscreants on two motorcycles came to the petrol pump of the informant, where he has been working as a Nozzleman and after filling up of petrol in motorcycle, they drew pistols and looted the mobile phone of the another Nozzleman and also fired upon his leg. They were

Patna High Court CR. MISC. No.53694 of 2023(2) dt.25-08-2023 2/3 looking for cash but did not get the same.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Sonu Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 15.05.2023 passed in Cr. Misc. No. 14709 of 2023. He is languishing in judicial custody since 21.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.53694 of 2023(2) dt.25-08-2023 3/3 satisfaction of the learned Court below in connection with Hajipur Sadar P.S. Case No. 160 of 2022.

(Sunil Kumar Panwar, J) arish/- U