Patna High CourtCR. MISC./67127/2024bail granted

Dhiraj Kumar Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67127 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- RASULPUR District- Saran ====================================================== Dhiraj Kumar Yadav, Son of Shree Bhairav Yadav, R/O Village- Asahnee, P.S.- Rasulpur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Rasulpur P.S. Case No. 81 of 2024, registered for the alleged offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, three masked miscreants snatched Rs.20,000/- on gunpoint from the informant. The name of the petitioner transpired during investigation as one of the miscreants.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of this petitioner, who was not put to any Test

Patna High Court CR. MISC. No.67127 of 2024(2) dt.01-10-2024 2/3 Identification Parade. During investigation, co-accused Ranjan Kumar was apprehended, who named this petitioner and except for this confessional statement, there is no material against the petitioner. The petitioner is in custody since 10.06.2024 and charge sheet has been submitted. The petitioner is having criminal antecedent of two cases.

5. The learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Rasulpur P.S. Case No. 81 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the 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.67127 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) V.K.Pandey/- U T