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Patna High CourtCR. MISC./83113/2023bail granted

Amar Kumar @ Dharmjeet Kumar @ Paita @ Dharmjeet Ravidas @ Penta v. The State Of Bihar

2024-01-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83113 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== AMAR KUMAR @ DHARMJEET KUMAR @ PAITA @ DHARMJEET RAVIDAS @ PENTA S/O DHANESH RAVIDAS RESIDENT OF VILLAGE- PAKRIBARNWA,PS. PAKRIBARNWA, DIST. NAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Pakribarnwa P.S Case no.269 of 2023 registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, the informant states that six unknown accused persons on two motorcycles forcibly stopped the informant who was on his motorcycle and dispossessed him of his handbag containing Rs.1 lakh in cash.

4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. Referring to the order of the learned trial Court, it is submitted that the name of the petitioner transpired in course of investigation in the confessional statement of co-accused Kundan Chauhan made

Patna High Court CR. MISC. No.83113 of 2023(2) dt.10-01-2024 2/2 before police. Neither any incriminating article has been recovered from the petitioner's possession nor has he been put on T.I parade inspite of being in custody since 26.8.2023 and charge-sheet has been submitted in the case. He has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the contents of the order of the learned trial Court, no incriminating article having been recovered from the petitioner's possession, the petitioner not having been put on T.I parade inspite of being in custody for more than 4 months since 26.8.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Pakribarnwa P.S Case no.269 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada.

(Partha Sarthy, J) Shiv/- U T