Dular Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29992 of 2021 Arising Out of PS. Case No.-304 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Dular Kumar S/o Nawlki Mahto @ Navalki Nishad Resident of VillageSimariyaghat Bind Toli, P.S.- Barauni, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barauni P.S. Case No. 304 of 2020 instituted for the offences under Sections 392 and 397 of the Indian Penal Code read with Sections 25(1-b)a and 26 of the Arms Act.

Learned counsel for the petitioner submits the petitioner is in custody since 13.10.2020 and charge-sheet has been submitted in the case and from perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that four persons came on an Apache motorcycle and on the point of gun looted Rs. 10,000/- cash as well as jewellery of Rs. 3,00,000/- from his shop. The informant further claims that he could identify the criminal by his face after seeing him.

Patna High Court CR. MISC. No.29992 of 2021(2) dt.25-11-2021 2/2 Learned counsel for the petitioner submits the petitioner is in custody since 13.10.2020 and test identification parade was held but the informant could not identify the petitioner as one of the criminals who had committed the occurrence.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner has not been identified by the informant, he is in custody since 13.10.2020 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Barauni P.S. Case No. 304 of 2020 subject to the condition as laid down under Section 437

(3) Cr.P.C. with a condition that one of the bailor shall be the father of the petitioner and in the event, the petitioner, after trial commences, does not appear on two consecutive dates, the learned court below shall proceed to cancel his bail bonds. (Satyavrat Verma, J) Rishi/- U T