Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14880 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- SANGRAMPUR District- Munger ====================================================== Dilkhush Kumar, aged about 23 years old, male, Son of Pintu Tanti Resident of Cukkage- Naya Tola, Hasanpur, P.S.- Sangrampur, Distt- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Choudhary, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-09-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Sangrampur PS Case No. 104 of 2020, GR No. 1072 of 2020, instituted for the offence under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

Patna High Court CR. MISC. No.14880 of 2021(2) dt.10-09-2021 2/3 On receiving secret information, the police has proceeded to verify and raid the place where miscreants have assembled for committing the crime. The petitioner is stated to be one of the persons arrested in the alleged raid.

Referring to the seizure list which is part of the F.I.R., petitioner's counsel submits that from the petitioner's possession there is recovery of one Vivo mobile phone. It has been stated in paragraph no.3 of the petition that he has no criminal antecedents. He is in custody since 14.6.2020. The plea is that it is a case of false implication and being a bona fide passerby, the petitioner has become a victim of the circumstance.

The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger, in connection with

Patna High Court CR. MISC. No.14880 of 2021(2) dt.10-09-2021 3/3 Sangrampur PS Case No. 104 of 2020, GR No. 1072 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T