Dhiraj Kumar @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10914 of 2020 Arising Out of PS. Case No.-50 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== DHIRAJ KUMAR @ DHEERAJ KUMAR S/o Fudo Ram R/o villageGangra, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the statement of the chance witness was recorded in paragraph 33 of the supplementary case diary. Said witness was said to be a chance witness and at the same time he was an eye witness to the alleged occurrence, who had alleged regarding the

Patna High Court CR. MISC. No.10914 of 2020(3) dt.10-06-2020 2/3 participation of the petitioner in the said occurrence. Said witness has already been examined during the trial. His deposition is Annexure 3 to the present application. Said witness has retracted from the earlier statement made under Section 161 of Cr.P.C. and he has been declared hostile by the prosecution. A report was called for from the trial court regarding the stage of the case. The report called for from the trial court is kept at Flag 'X'.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.09.2018. There is no allegation of tampering of witnesses alleged against the petitioner. There is no chance of trial being concluded in near future.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of A.D.J. IVth, Jamui in connection with S.Tr. No.316 of 2019 arising out of Luxmipur P.S. case No.50 of 2018. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.10914 of 2020(3) dt.10-06-2020 3/3 two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T