Patna High CourtCR. MISC./83079/2023allowed

Dilip Kumar Gupta @ Dilip Kumar @ Dilip Sah v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83079 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- DANAPUR RPF/POST District- Patna ====================================================== DILIP KUMAR GUPTA @ DILIP KUMAR @ DILIP SAH S/O KRISHNA SAW VILLAGE- SIKANDARPUR CHANDMARI, PS. SAHPUR DIST. PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ankit Raj For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 3 of R.P. (UP) Act.

3. Prosecution case relates to recovery of 40 kg CST-9 plate from Kabari shop of the petitioner which are said to have been stolen property.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner was not apprehended on spot rather two co-accused persons are arrested who disclosed the name of the petitioner. The recovered

Patna High Court CR. MISC. No.83079 of 2023(2) dt.02-01-2024 2/2 materials are said to have been sold by co-accused persons to the petitioner. He is only owner of the scrap shop (Kabari) and he used to purchase various scrap material. It is further submitted that the petitioner is languishing in judicial custody since 25.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with RPF Danapur P.S. Case No. 13 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T