Dharmveer Prasad @ Gorakh @ Dharmveer @ Gorakh Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.49428 of 2014 (03) dt.27-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49428 of 2014 Arising Out of PS.Case No. -172 Year- 2010 Thana -BEUR District- PATNA ====================================================== Dharmveer Prasad @ Gorakh @ Dharmveer @ Gorakh Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Md. Arif- (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Dacoits during course of commission of dacoity shot at Anil Kumar Sinha, the head of the family, who succumbed to his injury. Instant case has been registered on the fard-beyan of son of Anil Kumar Sinha (deceased) wherein he had given some clue. It is further evident from the order impugned that during course of investigation, one Ramu Kumar @ Raju Kumar was apprehended, who made inculpatory extra-judicial confessional statement wherein he named so many persons including that of petitioner whereupon petitioner was also apprehended and is under custody since 05.08.2014. The learned lower Court had taken into account the fact regarding release of Ramu Kumar as well as Dharmendra Kumar by this Court as well as one Md. Nazid by the
Patna High Court Cr.Misc. No.49428 of 2014 (03) dt.27-03-2015 learned lower Court itself, however, rejected the prayer only on ground that during confessional statement, petitioner has been shown to be assailant of deceased. Petitioner has not been put on Test Identification Parade nor any kind of incriminating recovered from his possession.
Accordingly, petitioner Dharmveer Prasad @ Gorakh @ Dharmveer @ Gorakh Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Beur P. S. Case no.172 of 2010. (Aditya Kumar Trivedi, J) Vikash/- U T