Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31093 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- PRATAPGANJ District- Supaul ====================================================== DILIP KUMAR S/o Hari Yadav @ Hari Nr. Yadav R/o Vill.- Murli Ward No.4, P.S.- Kishanpur, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Pratapganj P.S. Case No. 88 of 2020 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that pick-up an of the informant was intercepted by four unknown miscreants and they have looted the pick up van, Mobile Phone and a sum of Rs.17,800/- from the informant on the gun point.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.31093 of 2021(2) dt.10-12-2021 2/3 and his name has transpired on the basis of confessional statement of co-accused Pappu Kumar. Learned counsel further submits that the looted Mobile was recovered from possession of Pappu Kumar and the pick up van has been recovered from possession of Angrez Kumar. Learned counsel next submits that no incriminating and/or looted article has been recovered from possession of the petitioner and he has no criminal antecedent. The petitioner is in custody since 31.12.2020 and he has got no criminal antecedent.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 31.12.2020 having no criminal antecedent, no looted article has been recovered from possession of the petitioner and he has not been put on Test Identification Parade, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned ADJ V, Supaul, in connection with Sessions Trial No. 08 of 2021 arising out of Pratapganj P.S. Case No. 88 of 2020.

Patna High Court CR. MISC. No.31093 of 2021(2) dt.10-12-2021 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T