Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21984 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== Dhiraj Kumar Son Of Sudarsan Prasad Singh Resident Of Village- Gulani Kushaha, P.S.- Sambhuganj, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narendra Kumar Singh For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Laxmipur P.S. Case No. 21 of 2020, registered for the offence punishable under Sections 395, 397 and 412 of the Indian Penal Code and sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
On secret information that some miscreants have assembled for committing road robbery raid was conducted and two persons were apprehended on the spot with arms and ammunitions who named this petitioner as one of their associates.
It is submitted on behalf of the petitioner that no incriminating article has been recovered from possession of this
Patna High Court CR. MISC. No.21984 of 2021(3) dt.26-07-2021 2/2 petitioner and he was not apprehended on the spot. Name of this petitioner has come in this case on the basis of confessional statement of co-accused. Petitioner is in custody since 11.09.2020. Investigation is complete.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Jamui in connection with Laxmipur P.S. Case No. 21 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T