Md. Dablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75289 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== Md. Dablu, aged about 36 years, Male, Son of Md. Jamal, Resident of Noorsarai Bazar Shah Salempur, PS- Noorsarai, District- Nalanda. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bhola Kumar, Advocate For the Informant : M/S. Raj Kumar and Pratik Kumar, Advocates For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Athmalgola P.S. Case No. 45 of 2024 dated 08.02.2024 registered for the offences punishable under Sections 285, 379, 511, 120B of the I.P.C. and Sections 15(2), 15(4) of the Petroleum and Minerals Pipelines (Acquisition of Right of user in Land) Act, 1962.
3. As per the prosecution case, on secret information, police apprehended four co-accused persons, namely, Aryan Raj, Sudarshan Lal, Pramod Kumar and Sudesh Kumar who gathered to commit crime near the IOCL Pipe line and recovered mobile, Khanti and Kudal from their possession. The
Patna High Court CR. MISC. No.75289 of 2024(3) dt.25-10-2024 2/3 apprehended co-accused persons disclosed the name of the petitioner and others as their associates.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. His name has sprung up in the present case on the basis of the disclosure made by the apprehended co-accused persons. He was not arrested on the spot. No incriminating article has been recovered from his possession. He was arrested on 09.02.2024 and police took his signature on a plain paper and the same was converted into the confessional statement of the petitioner. He has no concern with the alleged offence. The other co-accused Manish Kumar has already been granted bail by a Bench of this Court vide Cr. Misc. No. 50772 of 2024 under order dated 06.08.2024, annexed as Annexure-P/3 to the present bail petition. The petitioner has nine criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 09.02.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above
Patna High Court CR. MISC. No.75289 of 2024(3) dt.25-10-2024 3/3 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Barh, Patna in connection with Athmalgola P.S. Case No. 45 of 2024, with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T