Dhupendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15031 of 2023 Arising Out of PS. Case No.-187 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== DHUPENDRA KUMAR SON OF SOHRAI RAM @ SOHRAI RAVIDAS R/O VILLAGE- SANDA, P.S.- DHANARUA, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 417, 418, 419, 420 and 120(B) of the Indian Penal Code, Section 7 of the Essential Commodities Act, Section 3 of the Epidemic Disease Act and Section 27(b)(ii) of the Drugs and Cosmetic Act. Learned counsel for the petitioner submits that the petitioner is in custody since 14.05.2021 and is a person with clean antecedent.

Learned counsel for the petitioner submits that this is the third attempt of the petitioner to seek bail as his bail application earlier was rejected by order dated 25.01.2022 in Cr. Misc. No. 48387 of 2021 and thereafter by order dated

Patna High Court CR. MISC. No.15031 of 2023(2) dt.29-03-2023 2/3 07.09.2022 in Cr. Misc. No. 46815 of 2022. The learned counsel next submits that this petitioner along with Dr. Abul Wafa were made an accused in the present case. It is also submitted that the case of the petitioner is not akin but is similar to Dr. Abul Wafa, it is next submitted that Dr. Abul Wafa bail was also rejected like the petitioner twice earlier, but in his third attempt, Dr. Abul Wafa was granted bail by order 29.03.2023 in Cr. Misc. No. 14388 of 2023.

The learned counsel thus submits that since petitioner also has remained in custody since 14.05.2021, and his case is similar to that of Dr. Abul Wafa, as such, the petitioner may also be released on bail.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shastrinagar P.S. Case No. 187 of 2021.

Patna High Court CR. MISC. No.15031 of 2023(2) dt.29-03-2023 3/3 One of the bailors of the petitioner shall be his father Sohrai Ram @ Sohrai Ravidas.

(Satyavrat Verma, J) GauravSinha/- U T