Patna High CourtCR. MISC./63994/2023allowed

Dinesh Chouhan v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63994 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Dinesh Chouhan Son Of Muneshwar Chouhan Resident Of Mohalla- Srenja, Ps- Rajpur, Distt- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

3. The prosecution case in nutshell is that while the informant was going with his younger brother, in the meantime, 4 miscreants snatched Rs. 11,250/- and one mobile phone on the point of pistol and fled away.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to land dispute between the agnates. Petitioner was not named in the F.I.R. It is also submitted vide para 11 of the petition that although

Patna High Court CR. MISC. No.63994 of 2023(2) dt.12-10-2023 2/2 the petitioner was put on T.I. Parade but the informant has not identified him. The name of petitioner sprang up in this case on confessional statement of co-accused. Moreover, the petitioner is languishing in judicial custody since 17.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajpur P.S. Case No. 231 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Buxar.

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