Dilkhush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33312 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== DILKHUSH KUMAR S/o Amrendra Yadav R/o Village- Jairam Parshi Ward No.- 03, P.S.- Gwalpara (Arar O.P.), District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar, Adv.
For the Opposite Party/s :
Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2020 Heard both sides through Video Conferencing.
Petitioner seeks bail in Bihariganj P.S. Case No.55 of 2020 registered under Section 393 of the IPC. The informant, in sum and substance, alleged that while he along with his uncle was going to Gwalpara market on a tempo to sell fish and when they reached near Tararahi Bridge, one of them tried to commit robbery on the point of pistol but alarm was raised and the miscreants fled away leaving the motorcycle on the spot. During course of search, the petitioner was apprehended from the maize field and he also disclosed the name of his companions, namely, Neeraj Kumar and Amarjeet Kumar.
Learned counsel for the petitioner submits that only an attempt was made to commit robbery with the informant but
Patna High Court CR. MISC. No.33312 of 2020(2) dt.15-12-2020 2/2 nothing was robbed. The petitioner is in jail since 02.03.2020. The petitioner has remained in jail for about nine and half months.
Taking into consideration the facts and the nature of allegations made against the petitioner and the fact that the petitioner has remained in jail for about nine and half months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Uda-Kishunganj, Madhepura in connection with Bihariganj P.S. Case No.55 of 2020. (Prabhat Kumar Jha, J) Harish/- U T