Dheeraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23344 of 2024 Arising Out of PS. Case No.-16 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Dheeraj Kumar Singh Son Of Ram Kishor Singh Resident Of VillageGobindpur, Ps- Khushrupur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Navgachia P.S. Case No.16 of 2023, lodged on 24.01.2023, under Section 395 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against five unknown accused persons against whom there is an allegation of committing dacoity in the Bank.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the possession of the petitioner nor he was put on Test Identification Parade. The petitioner is in custody since 08.09.2023 having no criminal antecedent. Counsel further submits that other co-accused
Patna High Court CR. MISC. No.23344 of 2024(2) dt.20-03-2024 2/3 persons have been granted by by this Court as well as by different coordinate Benches of this Court vide order dated 22.02.2024 passed in Cr. Misc. No.11125 of 2024, vide order dated 08.01.2024 passed in Cr. Misc. No.84360 of 2023 and vide order dated 08.08.2023 passed in Cr. Misc. No.49629 of 2023 respectively.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Navgachia, in connection with Navgachia P.S. Case No.16 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.23344 of 2024(2) dt.20-03-2024 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T