Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29463 of 2023 Arising Out of PS. Case No.-781 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Dipak Kumar S/o Late Budhan Prasad @ Buchchan Prasad Resident of village-Kathotar Talab, P.S.-Kotwarli, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Gaya Kotwali P.S. Case No. 781 of 2022 dated 03.12.2022, lodged under Section 394 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom, there is direction to loot the cash, coins and mobile which was recorded in the C.C.T.V. footage.

5. Learned counsel for the petitioner submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P. He further submits that the name of the petitioner has figured in this case by virtue of

Patna High Court CR. MISC. No.29463 of 2023(2) dt.08-06-2023 2/2 the confessional statement of one Rohit Kumar who has disclosed two names, Jitesh Kumar and the present petitioner.

6. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 07.12.2022. He further submits that the said Jitesh Kumar has been granted bail by the Co-ordinate Bench of this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 19208 of 2023.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Gaya Kotwali P.S. Case No. 781 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T