Dashrath Kumar @ Dashrath Kumar Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26465 of 2020 Arising Out of PS. Case No.-157 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== DASHRATH KUMAR @ DASHRATH KUMAR SONI Son of Dhrup Sah @ Dhrup Soni Resident of Village - Parsauni, P.S.- Paharpur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. B. N. Mishra, Mr. Sachida Nand Rai, Advocates For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2020 Heard Mr. B. N. Mishra, learned counsel for the petitioner and Mr. Uday Pratap Singh, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Majhaulia PS Case No. 157/2019 registered for the offence punishable under Sections 413, 414/34 of the IPC and Section 25(1-b) a, 26, 35 of the Arms Act.
3. The allegation, as per First Information Report, is that the police tried to intercept one motorcycle on which there were two persons and, upon seeing the police party, the pillion rider (petitioner) fled away but the person who was driving the motorcycle was arrested and from his possession, one country made loaded pistol, two mobile phones were recovered. The
Patna High Court CR. MISC. No.26465 of 2020(3) dt.23-11-2020 2/3 arrested person disclosed the name of petitioner who succeeded in fleeing away.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of statement made by the arrested co-accused.
5. Learned counsel also submits that the co-accused, Raju Kumar has been granted bail by this Court in Cr. Misc. No. 50794/2019. Learned counsel further submits that petitioner is in custody since 20.12.2019.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the co-accused, Raju Kumar has been granted bail by this Court and the petitioner is in custody since 20.12.2019, I am inclined to grant regular bail to the petitioner.
7. Accordingly, let the petitioner, DASHRATH KUMAR @ DASHRATH KUMAR SONI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia PS Case No. 157/2019.
8. It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.26465 of 2020(3) dt.23-11-2020 3/3 bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T