Dharmraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57624 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- AKBARNAGAR District- Bhagalpur ====================================================== Dharmraj Kumar Son Of Shiv Kumar Mandal Resident Of Village - Kishanpur Fatehpur, P.S. Akbar Nagar, District - Bhagalpur. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jagnnath Singh For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 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 Section 394 of the Indian Penal Code.
The prosecution case in nutshell is that four miscreants on the point of knife looted the motorcycle of petitioner. It is further alleged that Rs. 1,60,000/- and one samsung mobile were in the dicky of the said motorcycle.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.57624 of 2022(3) dt.17-02-2023 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 the name of petitioner sprang up in this case on the basis of confessional statement of co-accused, namely, Kunal Kumar. Neither anything has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. Moreover, the petitioner is languishing in judicial custody since 07.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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 petitioner is directed to be enlarged on bail in connection with Akbarnagar P.S. Case No. 58 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with
Patna High Court CR. MISC. No.57624 of 2022(3) dt.17-02-2023 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Bhagalpur.
(Sunil Kumar Panwar, J) nirajkrs/- U T