Patna High CourtCR. MISC./43642/2017bail granted

Dharmendra Ram @ Dharmendra Rai v. The State Of Bihar

2018-01-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43642 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Dharmendra Ram @ Dharmendra Rai Son of Late Umesh Ram @ Late Umesh Rai, R/o Village- Kerma, P.S.- Kurhani (Kudhani) DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Manoj For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Muzaffarpur Sadar P.S. Case No. 159 of 2016 dated 17.03.2016 instituted for the offence under Section 395 of the Indian Penal Code.

A truck loaded with rice was taken away on gun point by the miscreants who were riding a bolero vehicle and the driver of the vehicle/informant was tied to a tree. The name of the petitioner transpired in the statement of one Virendra Kumar Rai who was arrested by the police on suspicion. The petitioner has neither been put on Test Identification Parade nor anything has been recovered from his possession. He is said to be in custody since 24.09.2016.

Patna High Court Cr.Misc. No.43642 of 2017 (4) dt.05-01-2018 2/2 It has been submitted on behalf of the petitioner that other co-accused persons including Virendra Kumar Rai on whose statement, the petitioner had been taken into custody, have been granted bail by different Benches of this Court. Though the petitioner has been earlier made accused in several cases but according to the learned counsel for the petitioner, in all such cases the petitioner was made accused on suspicion and he is on bail in all those cases.

Regard being had to the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Sub-Judge-cum-A.C.J.M, IV, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 159 of 2016. (Ashutosh Kumar, J) Shageer/- U T