Patna High CourtCR. MISC./59004/2023allowed

Dipu Kumar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59004 of 2023 Arising Out of PS. Case No.-276 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== DIPU KUMAR son of Indradeo Singh Village- Rapura Repura Ps- Daudnagar Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants looted the motorcycle of the informant on the point of pistol and escaped.

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 Utpal Kant and he has already been

Patna High Court CR. MISC. No.59004 of 2023(2) dt.12-09-2023 2/2 granted bail by a Co-ordinate Bench vide order dated 17.08.2023 passed in Cr. Misc. No. 6245 of 2023. On the basis of suspicion and due to his criminal antecedents, he has been falsely implicated in this case. He is languishing in judicial custody since 12.06.2023.

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 satisfaction of the learned Court below in connection with Daudnagar P.S. Case No. 276 of 2019.

(Sunil Kumar Panwar, J) arish/- U