Patna High CourtCR. MISC./85616/2023bail granted

Dinesh Kumar v. The State Of Bihar

2024-01-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85616 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- GANGTA District- Munger ====================================================== DINESH KUMAR SON OF SIKANDAR YADAV RESIDENT OF VILLAGE / MUHALLA - LALLU NAGAR, P.S. - BELHAR, DISTRICT - BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Gangta P.S Case no.180 of 2022 registered under sections 420, 406 and 34 of the Indian Penal Code and section 7 of the E.C. Act.

3. The earlier application for bail of the petitioner was rejected vide order dated 19.5.2023 (Annexure-1) passed in Cr. Misc. no. 24578 of 2023.

4. As per the prosecution case, the petitioner was caught driving the truck in question with foodgrains loaded on the same meant for black marketing. No document was produced by the petitioner.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.85616 of 2023(2) dt.05-01-2024 2/2 petitioner has been falsely implicated in the case. He is in custody since 3.11.2022 and has no criminal antecedent. By order dated 19.5.2023, liberty was granted to the petitioner to renew his prayer for bail after completing one year in custody. He has remained in custody for more than one year.

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

7. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, liberty granted in the earlier order of rejection dated 19.5.2023 and the petitioner having remained in custody for more than 1 year since 3.11.2022, the petitioner is directed to be enlarged on bail in connection with Gangta P.S Case no.180 of 2022 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 Sub-Divisional Judicial Magistrate, Munger.

(Partha Sarthy, J) Shiv/- U T