Patna High CourtCR. MISC./77129/2025bail granted

Diaspi Kumar @ Dsp @ Dsp Kumar v. The State Of Bihar

2025-11-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77129 of 2025 Arising Out of PS. Case No.-324 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Diaspi Kumar @ DSP @ DSP Kumar S/O Tula Singh R/O Hajipur Dumri, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 324 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, four unknown miscreants looted a truck which was loaded with TMT bars.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the

Patna High Court CR. MISC. No.77129 of 2025(2) dt.12-11-2025 2/2 FIR. Name of the petitioner has transpired in this case during course of investigation. It is next submitted that no any recovery has been made from the possession of the petitioner. The petitioner has got no concern with the other co-accused persons. The petitioner is in custody since 27.11.2024 and has got three criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 23.06.2025 passed in Cr. Misc. No. 37917 of 2025.

5. Learned APP 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 and taking into account 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 Bhagwanpur P.S. Case No. 324 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T