Dinesh Kumar @ Bhura v. The State Of Bihar
Patna High Court Cr.Misc. No.25809 of 2017 (2) dt.04-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25809 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -KURTHA District- JEHANABAD ======================================================
1. Dinesh Kumar @ Bhura Son of Kanhai Yadav R./Village-Gularia Chak, P.S.-Kurtha Dist.-Arwal .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Rashmi Kumari Mandilwar, Advocate For the Opposite Party/s : Mr. (Dr.) Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in connection with Kurtha (Manikpur O.P.) P.S. Case No. 168/16 for the offences alleged under Sections 392/411 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his truck was overtaken by four miscreants and looted away. During course of investigation, the truck of the informant was recovered from the house of one Anil Kumar Singh, who in his confessional statement has named the petitioner and others. It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in the aforesaid case and after being arrested in the present case, he has
Patna High Court Cr.Misc. No.25809 of 2017 (2) dt.04-07-2017 been remanded in another case bearing Paras Bigha P.S. Case No. 123/16. He submits that no Test Identification Parade has been done so far and he is in judicial custody since 24.11.2016 and that other co-accused have been granted the privilege of bail by Coordinate Benches of this Court in Cr. Misc. No. 11892 of 2017 on 18.03.2017 and Cr. Misc. No. 16182 of 2016 on 25.04.2017. It is submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, Jehanabad in connection with Kurtha P.S. Case No. 168/2016, subject to the condition that the petitioner will appear before the learned Court below during trial on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T