Dharmaraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78034 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- MOKAMAH District- Patna ====================================================== DHARMARAJ KUMAR Son of Ram Prasad Mahto Resident of Village - Sumka, P.S.- Ariyari in the distt. of Sheikhpura. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate.

For the State :

Mr. B.N. Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in connection with Mokama P.S. Case No.81 of 2019 registered under Section 392 of the Indian Penal Code.

The accusation is that on 02.05.2019, the informant Mukesh Kumar Roshan along with his associate Afroj Alam, Branch Credit Manager, was present in his Branch Office of Bharat Financial Inclusion Limited, Mokama. At that time, three unknown persons entered in the Branch Office of the informant and caught hold both of them and on the point of pistol, they took the cash Rs.13,53,979/- from the Safe of the Branch. They also took their mobile sets. They also locked

Patna High Court CR. MISC. No.78034 of 2019(5) dt.10-06-2020 2/3 them in the kitchen room and fled away from there. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation of the present case, the petitioner was apprehended with one country made pistol along with one Subodh Kumar regarding which Bahadurpr P.S. Case No.156 of 2019 was instituted and, thereafter, the police recorded the confessional statement of the petitioner showing his involvement in the present case. While the petitioner and Subodh Kumar were put on T.I. Parade but the petitioner was not identified, whereas Subodh Kumar was identified as one of the culprits. Further submission is that the petitioner, in the present case, is in custody since 30.08.2019 and, on investigation, the police has already submitted the chargesheet against the petitioner.

On the other hand, learned A.P.P. for the State opposed the prayer of the petitioner for grant of bail and submits that it appears from the CCTV footage of the Branch Office of the informant that the petitioner was seen in Honda Amaze Car near about the time of the occurrence in front of the Branch Office of the informant.

Having regard to the facts and the circumstances of

Patna High Court CR. MISC. No.78034 of 2019(5) dt.10-06-2020 3/3 the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Barh, Patna, in connection with Mokama P.S. Case No.81 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T