Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30767 of 2020 Arising Out of PS. Case No.-227 Year-2016 Thana- DIGHA District- Patna ====================================================== DHARMENDRA KUMAR, Son of Raj Kumar Rai @ Tuntun Rai, Resident of Village - Dosiya Tola, P.S. - Naubatpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2020 The matter has been taken up through virtual Court proceeding.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR of the occurrence of murder is against unknown.

It appears that co-accused Vikki Kumar was allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 07.12.2017 passed in Cr. Misc. No. 57457 of 2017 (Annexure-2), considering the fact that one country made pistol

Patna High Court CR. MISC. No.30767 of 2020(2) dt.26-11-2020 2/2 along with cartridges were recovered from the house of coaccused Shambhu Kumar and there was no direct material against Vikki Kumar.

Submission is that case of the petitioner is of similar footing to that of Vikki Kumar. Investigation of the case is already complete against the petitioner.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Digha Police Station Case No. 227 of 2016, subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T