Patna High CourtCR. MISC./80789/2023bail granted

Dharmendra Kumar v. The State Of Bihar

2024-03-05Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80789 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- BHAGWANGANJ District- Patna ====================================================== Dharmendra Kumar Son Of Prem Yadav @ Prem Kumar Resident Of Vill.- Rohila Par Near Devi Mandir Indo, P.S.- Masaurhi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lallu Prasad, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Bhagwanganj PS Case No. 60 of 2023 dated 16-04-2023, instituted under Section 379 of the IPC.

3. As per the prosecution case, some unknown thieves have stolen the tractor of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Petitioner is not named in the FIR. The name of the petitioner has been transpired in this case only on the basis of the confessional statement of co-accused, namely, Md. Sahil. It is further submitted that the said tractor has been seized from an open place near Bandh under Kalpa O.P. Jehanabad. It is next

Patna High Court CR. MISC. No.80789 of 2023(3) dt.05-03-2024 2/2 submitted that said Md. Sahil has been released on bail by the learned court below on 20-09-2023. Petitioner is sated to be a man of clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Masaurhi, Patna, in Bhagwanganj PS Case No. 60 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T