Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62917 of 2024 Arising Out of PS. Case No.-357 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.
Dilip Kumar S/O Suresh Mahto Resident of Village - Maghar, Police Station - Bhagwanpur Hat, District - Siwan 2.
Mukesh Kumar S/O Suresh Mahto Resident of Village - Maghar, Police Station - Bhagwanpur Hat, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Gopalganj P.S. Case No. 357 of 2024 dated 10.05.2024 registered for the offences punishable u/ss 392, 406 and 420 of the Indian Penal Code.
3. As per the prosecution case, the informant is a collection agent in the office of Midland Micro Finance Company, Gopalganj and when he was returning back after collection of Rs. 1,03,920/- then two unknown miscreants boarded on a motorcycle looted the said amount, key of the bike and mobile phone from him on the point of pistol. Thereafter,
Patna High Court CR. MISC. No.62917 of 2024(2) dt.24-09-2024 2/3 they fled away after threatening him not to raise any alarm otherwise he would be killed.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. Learned counsel has further submitted that after investigation, the informant of this case has been made accused as the petitioner no. 1, Dilip Kumar. It is further submitted that the petitioner no. 1 is the informant of the present case and the petitioner no. 2 is the full brother of the petitioner no. 1 and they have no concern with the alleged offence. The charge-sheet has been submitted against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.05.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners and submitted that Rs. 77,040 /- was recovered from the informant/petitioner no. 1 and the alleged mobile was recovered from the possession of his brother Mukesh Kumar (petitioner no. 2).
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners
Patna High Court CR. MISC. No.62917 of 2024(2) dt.24-09-2024 3/3 above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Gopalganj P.S. Case No. 357 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T