Dheeraj Kumar @ Kaliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65686 of 2023 Arising Out of PS. Case No.-589 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Dheeraj Kumar @ Kaliya S/O Jayram Sah R/O Village- Bara Bariyarpur Ps. Chhatoni, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code and charge sheet has been submitted under Section under Section 395 of the Indian Penal Code.

3. As per prosecution case, the allegation against the unknown miscreants is that they on pistol point took away the tractor of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused person before the police

Patna High Court CR. MISC. No.65686 of 2023(2) dt.17-10-2023 2/2 which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. Similarly situated other co-accused person has already been granted bail by this Court vide order dt. 18.09.2023 in Cr. Misc. No. 61956 of 2023. Moreover, the petitioner is languishing in judicial custody since 09.02.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramnagar P.S. Case No. 589 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran.

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