Patna High CourtCR. MISC./67509/2024bail granted

Dhiraj Kumar v. The State Of Bihar

2024-10-01Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67509 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Dhiraj Kumar, Son of Prem Rai, Resident of Village - Chainpur, Police Station - Bheldi, District - Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Avtarnagar P.S. Case No. 133 of 2024, registered on 12.06.2024 for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, four miscreants snatched the motorcycle of the informant and also his mobile phone. The name of the petitioner transpired during investigation as one of the accused persons.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. During investigation the police obtained C.D.R and tower location of mobile phone and

Patna High Court CR. MISC. No.67509 of 2024(2) dt.01-10-2024 2/3 apprehended the petitioner. But nothing incriminating has been recovered from the person or possession of this petitioner. The petitioner has got no criminal antecedent. The petitioner is in custody since 28.06.2024.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner as well as his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran, Chapra/concerned court in connection with Avtarnagar P.S. Case No. 133 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.67509 of 2024(2) dt.01-10-2024 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T