Patna High CourtCR. MISC./2699/2016bail granted

Dipu Prasad @ Dipu Paswan v. The State Of Bihar

2016-01-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.2699 of 2016 (2) dt.30-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2699 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -SIMRI District- BUXAR ======================================================

1. Dipu Prasad @ Dipu Paswan S/o Dhanu Prasad @ Dhanu Paswan R/o Village-Katar, P.S.-Krishna Brahm, District-Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Fakhruddin Ali Ahmad For the Opposite Party/s : Mr. Pradip Narayan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report nor it appears from the impugned order as to how, the name of petitioner came in this case but submission on behalf of the petitioner is that petitioner and one co-accused, Subhash Prasad had earlier filed Cr. Misc. No. 42397 of 2015 for grant of privilege of anticipatory bail u/S 438 of the Criminal Procedure Code but unfortunately, petitioner was arrested during pendency of the aforesaid Cr. Misc. No. 42397 of 2015 whereas; co-accused, Subhash Prasad was granted privilege of anticipatory bail by a coordinate bench of this court vide order dated 02-12-2015 and at the time of granting privilege of anticipatory bail of co-accused,

Patna High Court Cr.Misc. No.2699 of 2016 (2) dt.30-01-2016 Subhash Prasad, a coordinate bench of this court observed that in course of investigation, the uncle of victim disclosed that he had gone to the house of petitioner and others, and petitioner and others had questioned about the institution of the present case. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Simri P.S. Case No. 56 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Buxar. (Hemant Kumar Srivastava, J) A.K.V./- U T