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Dhiraj Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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Patna HC
2023
Dhiraj Kumar Vs The State of BiharDhiraj Kumar v. The State of Bihar

Allowed

Dhiraj Kumar v. The State of Bihar

Patna HC19 Apr 2023CR. MISC./9684/2023

Case brief

AI extract

What is this about?

A single judge in Patna High Court granted regular bail to a petitioner accused of theft under IPC Sections 379, 411, and 356.

What did the court decide?

Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9684 of 2023

Arising Out of PS. Case No.-773 Year-2022 Thana- GAYA MUFASIL District- Gaya

======================================================

Dhiraj Kumar Son Of Arbind Singh @ Arvind Singh R/O Village- Gokhula, P.S.- Sikandra, District- Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Mr.Humayou Ahmad Khan ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

2 19-04-2023

Heard learned counsel for the petitioner and learned APP for the State.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner entitled to regular bail in a theft case under Sections 379, 411, 356 IPC.

Parties & counsel

AI extract

petitioner
Dhiraj Kumar Son Of Arbind Singh
respondent
The State of Bihar

Coram

AI extract

Sunil Kumar Panwar

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 19 Apr 2023 · April
Registered: 9 Feb 2023
Case no.: CR. MISC./9684/2023

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Cite this judgement

Dhiraj Kumar v. The State of Bihar, CR. MISC./9684/2023 (PAT), decided on 19 April 2023.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sunil Kumar Panwar

Parties & counsel

Outcome

Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.

Issue for consideration

Whether the petitioner entitled to regular bail in a theft case under Sections 379, 411, 356 IPC.

Detailed headnote1 paragraphs

In a criminal miscellaneous petition seeking regular bail, the single judge held that the petitioner was entitled to bail in a cheque—dishonour related theft case.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411, 356, of the Indian Penal Code.

As per prosecution case, informant alleged that when he went to Axix Bank to withdraw money but his card stuck in the said ATM and when he went to say about the same to his brother-in-law. Thereafter he saw that two persons were coming out from the said ATM. Both miscreants were apprehended and on search ATM cards, motorcycle and other articles were recovered from his possession after that this case has been lodged.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.9684 of 2023(2) dt.19-04-2023 2/2

petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Petitioner has no concern with the alleged occurrence. From perusal of the FIR there is no allegation of any transaction of money done by the petitioner. He has got no criminal antecedent. The petitioner is languishing in judicial custody since 30.09.2022. It is further submitted that this case is triable by Judicial Magistrate.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaya Muffasil P.S. Case No. 773 of 2022 on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Gaya

(Sunil Kumar Panwar, J)

Manish/- U T

CNR

BRHC010043642023

Topic

Bail and Remand

Bench

Sunil Kumar Panwar

Disposal

ALLOWED

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