Dipak Kumar @ Dipak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19079 of 2021 Arising Out of PS. Case No.-347 Year-2019 Thana- HISUWA District- Nawada ====================================================== DIPAK KUMAR @ DIPAK YADAV Son of Saukhi Yadav Resident of Village - Jamuawan, P.S.- Nawada, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.
As per the prosecution case, five accused persons on a maruti car stopped the truck of the informant, tied up the driver and khalasi, put them aside and looted them. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. From perusal of the order of the learned court below, it would transpire that the name of the petitioner transpired in course of investigation on the confessional statement of co-accused Gyan Kumar made before police. No incriminating article has been recovered from
Patna High Court CR. MISC. No.19079 of 2021(2) dt.16-09-2021 2/2 the petitioner's possession. The petitioner has not been put on T.I. parade. He is in custody since 4.6.2020. Another co-accused Santosh Kumar whose name also transpired in the confessional statement of Gyan Kumar has been enlarged on bail vide order dated 23.1.2020 (Annexure-3) passed in Cr. Misc. no.4183 of 2020.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Hisua P.S. Case no.347 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada.
(Partha Sarthy, J) Saurabh/- U T