Dipu Manjhi @ Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65538 of 2023 Arising Out of PS. Case No.-561 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Dipu Manjhi @ Dipu Kumar S/O- Rajdeo Manjhi Village- Pakardih PsBodhgaya Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bodhgaya P.S. Case No. 561 of 2022, dated 08.09.2022, instituted for the offence punishable under Sections 414, 467/34 of the Indian Penal Code.

3. As per allegation in the FIR, when the informant along the police personnel were on patrolling duty they noticed that two miscreants were coming on a motorcycle. When police tried to stop them, they started fleeing away. On chase, police party apprehended them. On query, they disclosed their name as Chhotu Kumar and Rakesh Kumar and they did not produce any valid document of the motorcycle. It is further alleged that coaccused persons also disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65538 of 2023(2) dt.07-11-2023 2/2 petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused only on the basis of confessional statement of apprehended co-accused Chhotu Kumar. The stolen motorcycle was recovered from the possession of the two persons, who were apprehended at the spot. It is next submitted that the petitioner has no concern either with the apprehended person or recovered stolen motorcycle. The petitioner has no criminal antecedents as per statement made in para 3 of the bail petition.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bodhgaya P.S. Case No. 561 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) shyambihari/- U T