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Patna High CourtCR. MISC./70026/2023allowed

Dheeraj Kumar v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70026 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Dheeraj Kumar S/O Suresh Singh @ Suresh Ray R/V- Mokhtiyarur, P.SBhagwanpur, Distt.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, three unknown miscreants snatched the mobile of informant and cash of Rs. One lakh eighty thousand from the possession of one Saroj Pathak.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.70026 of 2023(2) dt.03-11-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up in this case on the confessional statement of co-accused Shivam Kumar @ Pinku, who has already been granted bail vide order dated 15.05.2023, passed in Cr. Misc. No. 18188 of 2023 by the co-ordinate Bench of this Court. It is also submitted that petitioner is languishing in judicial custody since 16.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagawanpur P.S. Case No. 187 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.70026 of 2023(2) dt.03-11-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai.

(Sunil Kumar Panwar, J) Nirajkrs/- U T