Patna High CourtCR. MISC./50775/2016bail granted

Dashrath Kumar v. The State Of Bihar

2016-11-24Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50775 of 2016 Arising Out of PS.Case No. -157 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Dashrath Kumar, son of Late Satyadeo Ray, resident of village-Repura, Police Station-Minapur, District-Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in judicial custody since 10.07.2016 in connection with L.N.M.U. P.S.Case No.157 of 2016 for offence alleged under Sections 420, 379 and 411 of the IPC. The prosecution case is that the informant was withdrawing amount from SBI ATM at Shivdhara at that time a boy entered and pressed the button of the ATM and withdraw Rs.10,000/- and gave him. Thereafter, that boy also withdrew Rs.17,000/- from the informant's account by the ATM and tried to fled away but on hulla, he was caught by the police and the police searched and recovered Rs.17,000/- and a mobile from his possession. The boy disclosed his name as Dasrath Kumar, the petitioner. He also disclosed the name of his associates.

Patna High Court Cr.Misc. No.50775 of 2016 (2) dt.24-11-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, having no criminal history and chargesheet has already been submitted against him. However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. From the materials available, it appears that chargesheet has already been submitted and the petitioner's release from custody would not adversely affect his trial. Thus, in the interest of justice and considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with L.N.M.U. P.S.Case No.157 of 2016.

(Nilu Agrawal, J) B.Kr./- U T