IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73353 of 2024 Arising Out of PS. Case No.-400 Year-2024 Thana- DHANARUA District- Patna ====================================================== Deepak Kumar, Son of Late Mahendra Prasad, Resident of Village- Bahaudi Bigha, Police Station- Karai Pasuray, District- Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73508 of 2024 Arising Out of PS. Case No.-400 Year-2024 Thana- DHANARUA District- Patna ====================================================== Manjay Kumar, Son of Arjun Yadav, Resident of Village -Chak Hurari, PS- Karai Parsurai, Distt.- Nalanda, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 87466 of 2024 Arising Out of PS. Case No.-400 Year-2024 Thana- DHANARUA District- Patna ====================================================== Tarun Kumar, Son of Late Mahendra Prasad, Resident of Village- Bahaudi Bigha, Police Station- Karai Parsuray District -Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 73353 of 2024) For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s : Mr.Vinod Shanker Modi, APP (In CRIMINAL MISCELLANEOUS No. 73508 of 2024) For the Petitioner/s : Mr.Rudal Prasad, Advocate For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP (In CRIMINAL MISCELLANEOUS No. 87466 of 2024) For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 20-01-2025 Heard learned counsel for the petitioners and learned Patna High Court CR. MISC. No.73353 of 2024(3) dt.20-01-2025 2/5 APP for the State. 2. The petitioners have prayed for bail in connection with Dhanarua P.S. Case No. 400 of 2024 registered for the offence punishable under Sections 310(2) and 311 of the B.N.S. . 3. The case of the prosecution is that on the tractor of Ravindra Nath, driver Pramod Kumar has loaded 10 MT iron rod and has started from Jamui to Patna. In the way at about 9.30 P.M. as he reached near Dardha bridge, one white Bolero took over the tractor and 10-12 unknown miscreants came out of that Bolero. They pointed pistol on the driver of the informant. Others started assauling. The hands of the driver were tied. His mouth and eyes were also tied and certain persons took the tractor towards Paveri More. The tractor was having G.P.S. The informant called the driver as to why he is taking the tractor to other route. Then the driver was told his owner that he is going to have meals. After this, the driver of the tractor was kept in Bolero. He was kept for three hours in field of village of Makhdumpur. He was threatened of dire consequences. When the villagers arrived for easing them in the morning, then the driver raised alarm. At that time, he was untied and after taking a mobile of a villeger, he called the informant. After that, this Patna High Court CR. MISC. No.73353 of 2024(3) dt.20-01-2025 3/5 case has been filed. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. It has been argued by the learned counsel for the petitioners that the case was filed agaisnt unknown miscreants. The name of Petitioner Tarun Kumar has surfaced in the confessional statement of Deepak Kumar whereas Deepak Kumar has himself given his confessioal statement. As far as petitioner Manjay Kumar is concerned, his name has also surfaced in the confessional statement of Pankaj Kumar. The only statement which has come during investigation agaisnt Tarun Kumar is that as the tractor was equipped with GPS his engine was taken by Dharmendra @ Doma for carrying the trolly. It has been argued by the learned counsel for Tarun Kumar that he is cousin of Dharmendra @ Doma and he was on talking term with him that is why from C.D.R. also it has come his wife has talked with Dharmendra. Though, the learned counsel for the petitioners has stated that even it is admitted that he had talked, it was only due to the relation with Dharmendra @ Doma. Regarding Manjay Kumar and Deepak Kumar, it has been submitted that from the possession of any of these Patna High Court CR. MISC. No.73353 of 2024(3) dt.20-01-2025 4/5 petitioners, nothing has been recovered and para-3 of the case diary has been brought to the notice of this Court wherein the driver has stated that his hands were tied, his mouth and eyes were also shut and he was put on the Bolero. After this, he has stated that the miscreants took the vehicle towards Paveri More and near Paveri More his owner called him as to why he is taking the vehicle to some other route. He was threatened by the miscreants and he told his owner that he is going to have meals. The driver has stated that his hands were tied, eyes and mouth were shut. Despite that, he is able to identify as to in which direction the vehicle was going, this seems doubtful. Moreover, the name of the petitioners have appeared in the confessional statement of the co-accused and nothing has been recovered. Petitioners namely, Deepak Kumar and Manjay Kumar are having no criminal antecedent whereas petitioner Tarun Kumar is having criminal antecedent of four cases and in that case, he is on bail. Petitioners Deepak Kumar, Manjay Kumar and Tarun Kumar are languishing in judicial custody since 06.08.2024, 21.07.2024 and 25.10.2024 respectively. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and Patna High Court CR. MISC. No.73353 of 2024(3) dt.20-01-2025 5/5 considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Masaurhi, Patna, in connection with Dhanarua P.S. Case No. 400 of 2024. lata/- (Ashok Kumar Pandey, J) U T