Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84855 of 2023 Arising Out of PS. Case No.-633 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Dhiraj Kumar Son of Ramsujan Singh Resident of Village - Ratan Tola, Police Station - Maner, District - Patna 2.

Niraj Kumar Son of Shailendra Ray Resident of Village - Haldi Chapara, Saat Aana, Police Station - Maner, District - Patna 3.

Nitesh Kumar Son of Yogendra Prasad Resident of Village - Haldi Chapara, Saat Aana, Police Station - Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in connection with Koilwar P.S. Case No.633 of 2023 registered under Sections 384, 385, 140, 379 and 34 of the I.P.C.

3. As per prosecution case, it is alleged that on getting information, the police party reached on the bank of Sone river beside the Koilwar road bridge and arrested the accused persons, who were using high speed boat of mining department and were indulged in illegal mining of sand and extortion of money from the sailors. On search, some mobiles, money etc.

Patna High Court CR. MISC. No.84855 of 2023(2) dt.22-01-2024 2/2 were recovered from their possession.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is no recovery from possession of the petitioners. Petitioners have no criminal antecedent. The charge sheet has already been filed in this case. There is no chance of tampering with the prosecution evidence or absconding of the petitioners. The petitioners are in custody since 28.10.2023.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. (In-charge), Bhojpur at Ara in connection with Koilwar P.S. Case No.633 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T