Bikki Pal @ Bikki Rajpal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11504 of 2016 Arising Out of PS.Case No. -318 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Bikki Pal @ Bikki Rajpal son of Maheshwar Rajpal resident of MuhallaUrdu Bazar P.S. Tatarpur District Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Adv. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. The petitioner seeks bail in connection with Kotwali (Adampur) P.S. Case No. 318/2015 registered for the offences punishable under Sections 395, 397,412 of the Indian Penal Code and 4 of Explosive Substance Act.
Allegedly, six criminals, after entering into the Gramin Bank of Ghantaghar Branch, committed dacoity and took away cash of Rs. 49, 10, 372/-. During the investigation, on the basis of confessional statement of the petitioner, amount of Rs. 21,500/- was recovered from his house.
Submission is of false implication and that the recovered amount does not have any mark of identification, the said amount
is of the petitioner, further co-accused, Bipin Yadav, Rajendra Kumar Pal and Ruchi Kumari have already been allowed bail by different Benches of this Court and Dilip Yadav has been allowed bail by this Court and, as such, the petitioner also deserves sympathetic consideration.
Learned A.P.P. after going through the case diary fairly submits that though some amount has been recovered from the house of the petitioner but that amount does not have any mark of identification and further the petitioner has not been put on Test Identification Parade.
In the facts and circumstances stated above, considering that charge-sheet has already been submitted and there is nothing on record to show that petitioner after release will tamper with the prosecution evidence, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge 2nd, Bhagalpur in Sessions Trial No. 595/2015 arising out of Kotwali (Adampur) P.S. case No.318/2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial
and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Prakash/- U T