Dipak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28116 of 2021 Arising Out of PS. Case No.-206 Year-2017 Thana- LAXMIPUR District- Jamui ====================================================== DIPAK KUMAR SINGH S/O NAGI SINGH R/o village- Kewali, P.S.- Sono, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The learned counsel for the petitioner, at the outset, seeks to correct the typographical error which has taken place in the first paragraph and prayer portion of the petition to the extent that P.S. case has been mentioned as Laxamipur PS case no. 206 of 2020 instead of Laxamipur PS case no. 206 of 2017.

The learned counsel for the petitioner is permitted to make necessary corrections during the course of the day.

The petitioner seeks regular bail in connection with Laxamipur PS case no. 206 of 2017 instituted for the offences punishable under Section 392 of Indian Penal Code.

Patna High Court CR. MISC. No.28116 of 2021(2) dt.07-12-2021 2/3 The allegation is regarding unknown miscreants having intercepted the motorcycle of the informant and they having looted certain articles from him.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 05.02.2021. The learned counsel for the petitioner has further submitted that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no Test Identification Parade has taken place so as to connect the petitioner with the alleged crime, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of J.M. 1st class,

Patna High Court CR. MISC. No.28116 of 2021(2) dt.07-12-2021 3/3 Jamui or his successor in connection with Laxamipur PS case no. 206 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T