Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64721 of 2024 Arising Out of PS. Case No.-874 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Dharmendra Kumar Son of Arjun Singh Resident of village - Pakari, P.S.- Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sherghati P.S. Case no. 874 of 2023 registered under sections 420, 379, 411, 419 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he was withdrawing money from the ATM, the accused persons took away his amount and made an attempt to escape. On halla being raised, some of the accused got down from the motorcycle and made an attempt to flee away on their foot but were caught. The petitioner was caught at the place of occurrence. The informant states that a total of Rs.50,000/- was debited from his account. On search 13 ATM cards were recovered from the possession of a co-accused.

Patna High Court CR. MISC. No.64721 of 2024(2) dt.13-09-2024 2/2

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 21.3.2024 (Annexure-1) passed in Cr. Misc. no.1371 of 2024 giving liberty to the petitioner to renew his prayer for bail after completing one year in custody. The petitioner is in custody since 12.8.2023 and has no criminal antecedent. He undertakes to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the liberty granted in the earlier order of rejection dated 21.3.2024 and the petitioner having remained in custody for more than 1 year since 12.8.2023, the Court directs the petitioner to be enlarged on bail in connection with Sherghati P.S. Case no.874 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 Additional Chief Judicial Magistrate I, Sherghati, Gaya.

(Partha Sarthy, J) Saurabh/- U T