Dharmendra Kumar Singh @ Dharmendra Singh @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30957 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== DHARMENDRA KUMAR SINGH @ DHARMENDRA SINGH @ DHARMENDRA KUMAR Son of Krishnanandan Singh, Resident of Village-Kondh-Bhagwanpur, P.S-Panapur, District-Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35, 27 of the Arms Act. The prosecution case is that the informant along with other constables was at J.P. University, Chapra, he got information that in the village of Bishunpura, Sherpur brick kiln some criminals are planning to commit crime. The police party raided the place of occurrence, a criminal was apprehended whereas four of them managed to escape. The petitioner was also apprehended. On search, huge quantity of arms and ammunition were recovered from their possession. A mobile

Patna High Court CR. MISC. No.30957 of 2019(3) dt.05-07-2019 2/3 was recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated on the basis of suspicion. He submits that recovered mobile belongs to the petitioner and petitioner has not apprehended from the place of occurrence. Petitioner is in judicial custody since 06.02.2019. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IVth, Saran at Chapra in connection with Chapra Muffasil Police Station Case No. 31 of 2019, subject to the conditions:

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

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.30957 of 2019(3) dt.05-07-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T