Dhiresh Kumar @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 56588 of 2025 Arising Out of PS. Case No.-228 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Dhiresh Kumar @ Dinesh Kumar, S/o Vindeshwar Sahani, R/o vill - Babhangawan, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2025 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. Petitioner seeks regular bail in connection with Paroo P.S. Case No. 228 of 2025 dated 03.05.2025 registered for the offences punishable under section 309(4) of the Bharatiya Nyaya Sanhita and later, sections 25(1-B)(a), 26 and 35 of the Arms Act were added.

3. The main submissions advanced by petitioner's counsel are that the petitioner bears no criminal antecedent and as per the allegation, the informant's Bolero vehicle and his mobile phone were looted by some unknown persons, who were riding in his vehicle and at that time, his vehicle was hired by the accused persons and during the course of investigation, the police showed the recovery of the informant's mobile phone from the

Patna High Court CR. MISC. No.56588 of 2025(2) dt.19-08-2025 2/3 possession of this petitioner but that recovery was not made before any independent person and only two police officials were shown as witnesses of the recovery and further, the petitioner was not put on Test Identification Parade before the informant. It is further submitted that the petitioner is a young person, having fair and clean antecedent and has been languishing in jail since 04.05.2025 and against him the investigation has been completed.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Heard both the sides and perused the FIR and the trial court's order. The instant matter relates to loot and as per the prosecution, the informant's mobile phone, which was looted, was allegedly recovered from the possession of this petitioner, however, considering the petitioner's fair and clean antecedent, his custody period and completion of investigation against him and mainly the facts that the looted articles have been recovered and there is no question of further recovery and the material witnesses, who are to be examined in the trial of the petitioner, are police personnel, so, the release of the petitioner will not affect the prosecution in any manner at this stage. Accordingly, let the petitioner named-above be released on bail

Patna High Court CR. MISC. No.56588 of 2025(2) dt.19-08-2025 3/3 on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Paroo P.S. Case No. 228 of 2025, on the condition that if the trial court is going to proceed with trial of the petitioner, then he will be released after framing of charges upon him, if the charges are not framed for any legal reason in next one month then the petitioner shall be released as per above order. (Shailendra Singh, J) annu/- U T