Patna High CourtCR. MISC./62326/2023allowed

Dhiraj Kumar v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62326 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- MEHSI District- East Champaran ====================================================== DHIRAJ KUMAR Son of Ranvir Bhagat Resident of Village-Dabra Pokhar Panapur, P.S.-Minapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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 section 379 of the Indian Penal Code.

3. As per prosecution case, the informant, being a Nozelmand at Maa Vindhyavasini Service Station Pump, N.H. 28, alleged that when he was at there, some unknown miscreants came there and snatched cash of Rs. 1,20,000/- from him on pistol point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he was arrested in Maniyari P.S. Case No. 130 of 2023 in which, his confession

Patna High Court CR. MISC. No.62326 of 2023(2) dt.05-10-2023 2/2 was made and on the basis of same, he has falsely been implicated in this case. Neither the petitioner was put on TI parade nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 7.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got six criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mehsi P.S. Case No. 101 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari.

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