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Patna High CourtCR. MISC./83815/2023allowed

Dhiraj Kumar v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83815 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Dhiraj Kumar Son of Ranveer Bhagat @ Ranvir Bhagat Resident of VillageIndrdbra Pokhan, P.S.- Meenapur (Panapur O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 392 of the Indian Penal Code.

3. As per prosecution case, four unknown miscreants came at the petrol pump by Car and told to fill petrol and diesel on the point of pistol then the informant protest to fill the oil then one miscreant fired in air and the miscreants forcibly filled 250 liters petrol and 254 liters diesel in their gallon and thereafter Rs. 2087/- and Hanumani locket snatched from the informant and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.83815 of 2023(2) dt.04-01-2024 2/2 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of himself in other case and remanded in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 07.07.2023.

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 C.J.M., East Champaran, Motihari in connection with Mehsi P.S. Case No. 115 of 2023. (Sunil Kumar Panwar, J) Arish/- U T