Patna High CourtCR. MISC./9036/2024bail granted

Virat @Dhananjay Kumar v. The State Of Bihar

2024-02-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9036 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Virat @ Dhananjay Kumar SON OF LATE PRABHAT SINGH village -Chackwaja Nagma PS- Belsar OP DIST- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ravi Bhardwaj, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ahiyapur P.S. case No. 129 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that the unknown accused persons entered into the office and taken away Rs. 2,10,628/- kept on the office table.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely

Patna High Court CR. MISC. No.9036 of 2024(2) dt.20-02-2024 2/2 Sandeep Kumar as also on his self confession which has no evidentiary value. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. The petitioner is in custody since 02.09.2023 and has two criminal antecedents in which he is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. case No. 129 of 2023. (Rudra Prakash Mishra, J) Pankaj/- U T