Dhiren Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66002 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- BHIMPUR District- Supaul ====================================================== Dhiren Kumar Das S/o Shiv Narayan Das Resident of Village- Madhura West Ward No. 1, P.S.- Fulkaha, District-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishore Singh For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-10-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with Bhimpur P.S. Case No. 19 of 2024, registered for the offences punishable under Sections 413, 414, 420 of the Indian Penal Code.
3. The police, on a secret information, tried to intercept two persons who were riding on motorcycle, however, noticing the police party, one person succeeded in fleeing away and the another was apprehended. The apprehended person disclosed the name of the petitioner as his accomplice. The apprehended person also confessed that the motorcycle is the stolen one and being used for the purpose of supply of illicit wine.
4. Learned Advocate for the petitioner contended that save and except the disclosure made by the apprehended person,
Patna High Court CR. MISC. No.66002 of 2024(2) dt.05-10-2024 2/3 there is no material suggesting the complicity of the petitioner in the crime. Neither there is any FIR preceding the present FIR suggesting that the motorcycle in question is a stolen property nor any incriminating material has been recovered and the motorcycle has never been used for the purpose of trade of illicit wine. The petitioner is a man of tender age having fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the court. Even if the allegation is taken to be true, no case as alleged in the FIR is made out against the petitioner, is the contention of the learned Advocate for the petitioner.
5. On the other hand, learned Advocate for the State opposes the bail application and submits that the apprehended person disclosed the name of the petitioner.
6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record, coupled with the fair antecedent and the tender age of the petitioner, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.66002 of 2024(2) dt.05-10-2024 3/3 amount each to the satisfaction of the learned S.D.J.M., Supaul in connection with Bhimpur P.S. Case No. 19 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T