Dharmendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1426 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== DHARMENDRA RAY Son of Late Paramhansh Ray @ Pramhans Rai Resident of Village - Chamanpur, P.S.- Sheohar, Distt - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Gangesh Gunjan For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Piprahi P.S. Case No. 123 of 2019 for the offence punishable under Section 379 of the Indian Penal Code.

The allegation is regarding theft of motorcycle of the informant by unknown miscreants and after the co-accused person, namely, Ranjit Sah was arrested and the stolen motorcycle was recovered, he is stated to have disclosed the name of the petitioner and one Kundan Kumar to be his accomplice.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is not named in

Patna High Court CR. MISC. No.1426 of 2020(2) dt.17-01-2020 2/2 the FIR, no TI Parade has been conducted to connect the petitioner with the alleged crime and no stolen motorcycle was recovered from the petitioner. It is further submitted that the charge sheet has already been filed and the petitioner is languishing in custody since 13.08.2019. Lastly, it is submitted that the co-accused person, namely, Kundan Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 25.11.2019 passed in Cr. Misc. No. 123 of 2019.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner as also taking into account the fact that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sheohar in connection with Piprahi P.S. Case No. 123 of 2019.