Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75573 of 2018 Arising Out of PS. Case No.-867 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Dheeraj Kumar S/o Late Pramod Sah Resident of Village-Madhepura,Ward No.18 P.S. Madhepura,Distt.-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sri Narendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Madhepura P.S. Case No. 867 of 2018 registered for the offences punishable under Sections 341, 323, 379 of the Indian Penal Code and Section 37 (b)(c) of the Bihar Prohibition & Excise Act, 2016.

Informant in his written complaint has alleged that while he was engaged in performing Puja in Durga Mandir, petitioner came and assaulted the informant and snatched Rs. 1100/-. It has been further submitted that petitioner was in drunken condition.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.75573 of 2018(2) dt.18-12-2018 2/2 falsely implicated in this case. Petitioner is in custody since 22.10.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Madhepura, in connection with Madhepura P.S. Case No. 867 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T