Dimpal Kumar @ Karan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79055 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== Dimpal Kumar @ Karan Son Of Birendra Kumar @ Virendra Kumar R/O Village- Barhara, P.S.- Kako, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Naryan, Sr. Advocate Mr. Arvind Prasad Singh, Advocate For the State :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.

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, on the pretext of some urgent work 5-6 unknown persons boarded on the Scorpio of informant. As soon as they reached government building, Nohasa, informant and driver were pushed and accused persons snatched Rs. 20,000/-, mobile phones and fled away. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-06-2023. Petitioner is stated to

Patna High Court CR. MISC. No.79055 of 2023(4) dt.13-02-2024 2/3 be man of clean antecedent.

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 F.I.R. Referring to paragraph No. 58 of the case diary, it is submitted that name of the petitioner has transpired on secret information collected during the course of investigation. There is no recovery of incriminating article from the possession of the petitioner. Petitioner has been put on T.I. Parade, but he is identified by only one witness. Charge sheet has already been submitted in this case.

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 charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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.

Patna High Court CR. MISC. No.79055 of 2023(4) dt.13-02-2024 3/3 65 of 2023.

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