Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67616 of 2022 Arising Out of PS. Case No.-215 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== DHIRAJ KUMAR Son of Late Shiv Kumar Sah Resident of Village - Madhopur, Madhumalat, P.S.- Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajan Ghoshrave, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Piprakothi P.S. Case No.215 of 2022 registered for the offences punishable under Sections 328, 420, 392 and 34 of the Indian Penal Code.

As per the prosecution, the informant alleged that 519 tins of refined oil and cash of Rs.18,000/- were looted from a truck by three unknown miscreants by intoxicating the informant.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and he was arrested on the basis of statement of co-accused Ranjan Kumar who has been granted bail by a co-

Patna High Court CR. MISC. No.67616 of 2022(2) dt.23-03-2023 2/3 ordinate Bench of this Court vide order passed in Cr. Misc. No.66679 of 2022 and three other co-accused persons namely Vikash Kumar, Vinay Kumar and Ram Mohan Rastogi have also been granted bail by different benches of this Court vide orders passed in Cr. Misc. Nos.64581 of 2022 and 66724 of 2022 respectively and the petitioner was working as a salesman in the shop of one namely, Chandan Kumar from where some part of the looted articles were recovered and the petitioner is not the owner of the said shop and godown and accordingly from the possession of this petitioner there was no recovery of the alleged looted articles and petitioner's case stands on better footing from the co-accused persons who are on bail.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly considering the petitioner's fair and clean antecedent and the privilege of bail having been granted to four co-accused persons named above and also taking into account the young age of the petitioner, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, 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

Patna High Court CR. MISC. No.67616 of 2022(2) dt.23-03-2023 3/3 satisfaction of the concerned Court in connection with Piprakothi P.S. Case No.215 of 2022.

(Shailendra Singh, J) sangam/- U T