Umakant Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36905 of 2014 Arising Out of PS.Case No. -59 Year- 2013 Thana -AMBA District- AURANGABAD ====================================================== Umakant Dubey, son of late Jagdish Dubey, resident of village-Jhumar Dihara, P.S.-Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mrs. Indu Bala Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 19-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

It is submitted that the FIR was lodged against unknown. During investigation, the name of the petitioner has appeared in the confessional statement of the co-accused Rakesh Giri and one golden chain has been recovered from the possession of accused Rakesh Giri and one golden ring has been recovered from the possession of the petitioner. It is further submitted that neither the petitioner nor the article recovered from the possession of the petitioner has been put on Test Identification Parade. The petitioner is in custody since 5.03.2014.

Patna High Court Cr.Misc. No.36905 of 2014 (3) dt.19-03-2015 2/2 The learned counsel for the State submits that the petitioner has also criminal antecedents.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/court concerned in Amba P.S. Case No.59 of 2013 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T