Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3467 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Dilip Rai S/O Late Madan Rai Village- Chakka Majhauliya, Ps. Dumra, Dist. Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sunil Prasad Singh, Advocate For the State :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dumra P.S. Case No. 228 of 2023 instituted for the offence under Sections 413, 414, 407, 468/34 of the Indian Penal Code. 3.

Prosecution case in short is that there is recovery of one motorcycle and one mobile phone from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-05-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.3467 of 2024(2) dt.30-01-2024 2/2 case. There is no recovery of any incriminating article from the possession of the petitioner. Other co-accused, namely, Shamshad Alam @ Samsad Alam @ Mister has been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 24-08-2023, passed in Cr. Misc. No. 53792 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail 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 Dumra P.S. Case No. 228 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T