Dharmendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73266 of 2025 Arising Out of PS. Case No.-242 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Dharmendra Prasad S/o Late Ram Lakhan Singh @ Ram Lakhan Saw Resident of Dehri Bazar, P.S.- Dehri Town, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barun P.S. Case No. 242 of 2025 instituted for the offences under Sections 331(2) and 305(a) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that unknown thieves entered the house of the informant and took away a number of ornaments and Rs. 70,000/- in cash and a mobile phone.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Vikash Kumar. No incriminating/looted article

Patna High Court CR. MISC. No.73266 of 2025(2) dt.30-10-2025 2/2 has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2025 and has one criminal antecedent. The co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 09.10.2025 passed in Cr. Misc. No. 70380 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barun P.S. Case No. 242 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T