Patna High CourtCR. MISC./85782/2023allowed

Dhiraj Kumar, v. The State Of Bihar,

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85782 of 2023 Arising Out of PS. Case No.-759 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Dhiraj Kumar, Son of Rajnath Chouhan, Resident of Village - Akalashpur, P.s. Bhabhua, Dist- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 380 of the Indian Penal Code and later on added Section 411 of the IPC.

3. As per prosecution case, some unknown thieves entered the informant's house and committed theft of three mobile phones.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. Petitioner was not apprehended on spot and the as alleged mobile recovered from a street not from the conscious possession of the

Patna High Court CR. MISC. No.85782 of 2023(2) dt.10-01-2024 2/2 petitioner. On the basis of suspicion, petitioner has been implicated in the present case. No T.I. Parade has been done. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 759 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T