Dillu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78804 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== Dillu Kumar Son Of Surendra Yadav Resident Of Village-Nijampur,P.SKurtha, District-Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidhyanath Thakur, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ben P.S. Case No. 65 of 2023 instituted for the offence under Section 395 of the Indian Penal Code.

3.

As per prosecution case, while the informant as well as his nephew was going by vehicle, in the meantime, some miscreants snatched the key of the vehicle on pistol point and fled way with the vehicle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-08-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.78804 of 2024(2) dt.30-10-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Chandan Kumar, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 07-12-2023, passed in Cr. Misc. No. 78372 of 2024. Nothing has been recovered from the possession of the petitioner. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ben P.S. Case No. 65 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T