Dharmendra Kumar @ Dharmendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63398 of 2022 Arising Out of PS. Case No.-127 Year-2022 Thana- GURARU District- Gaya ====================================================== Dharmendra Kumar @ Dharmendra Pandey Son Of Yaswant Pandey @ Karu Pandey R/O Village- Diha, P.S.- Guraru, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Guraru P.S. Case No. 127 of 2022 registered for the offence punishable under Section 414 of the Indian Penal code. As per the prosecution, the informant alleged that acting upon a secret information he raided the alleged place and apprehended this petitioner and recovered a stolen motercycle and a mobile phone from his possession.

The main submissions advanced by the learned counsel Mr. Arvind Kumar Singh for the petitioner are that the petitioner is a young person and the alleged motorcycle and mobile phone were not recovered from his conscious and physical possession and merely on the basis of suspicion he was

Patna High Court CR. MISC. No.63398 of 2022(2) dt.23-02-2023 2/2 apprehended and he was never sent to jail earlier in connection with theft of any motorcycle and he has been languishing in jail since 12.07.2022 and the instant matter relates to recovery of the mobile phone and motorcycle and the same was presumed to be stolen mainly on the ground that the petitioner could not produce the relevant documents concerned to the said articles. Learned APP Ms. Pushpa Sinha.1, appearing for the State has opposed the bail prayer.

In view of the facts, as stated above and mainly considering the petitioner's custody period and his young age, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner 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 the concerned Court in connection with Guraru P.S. Case No. 127 of 2022.

(Shailendra Singh, J) Rajiv/- U T