Dharmendra Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5896 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- MADHAURAH District- Saran ====================================================== DHARMENDRA NAT, Son of Late Chaukilal Nat, Resident of VillageOrhanpur, P.S.- Marhowra (Madhaura), District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Madhaura P.S. Case No. 112 of 2022 dated 21.02.2022 registered for the offences punishable u/ss 395 and 397 of the Indian Penal Code.

As per the prosecution case, six miscreants holding guns entered the house of the informant and looted ornaments made of gold and silver and Rs. 10,000/- in cash and mobile from the informant and his family members.

Patna High Court CR. MISC. No.5896 of 2023(2) dt.05-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Tinku Kumar Sharma. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is accused in seven other criminal cases which were lodged in the year 2021 to 2022 and the petitioner is on bail in five aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.06.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Marhowra P.S. Case No. 112 of 2022 with the following condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.5896 of 2023(2) dt.05-05-2023 3/3 failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T