Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16848 of 2022 Arising Out of PS. Case No.-299 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== DIPU KUMAR Son of Hari Om Sahni Resident of - Punaichak, Post Office Gali, P.S.- Shastri Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Swetabh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2022 Heard learned counsel for the parties through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is an accused in connection with Buddha Colony P.S. Case No. 299 of 2021 under Section 392 of the Indian Penal Code.

The allegation against the accused persons is/are that they looted a chain from the informant near Advance Neuro Hospital under the Buddha Colony police station in the night. Learned counsel for the petitioner submits that he has been implicated only because he already had criminal antecedent and has suffered by being in jail since 27.07.2021. He further submits that the petitioner undertakes to abide by all the terms and conditions if granted the privilege of bail.

Taking into account the aforesaid facts that charge sheet

Patna High Court CR. MISC. No.16848 of 2022(2) dt.15-07-2022 2/2 stands submitted and he is in jail since 27.08.2021 (as stated in paragraph 15 of the bail application), this court is inclined to grant him the privilege of bail with certain conditions in view of the fact that the he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Patna in connection with Buddha Colony P.S. Case No. 299 of 2021, subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for one year to mark his presence. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T