Patna High CourtCR. MISC./44320/2021bail granted

Dipak Kumar v. The State Of Bihar

2021-12-15Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44320 of 2021 Arising Out of PS. Case No.-224 Year-2018 Thana- DINARA District- Rohtas ====================================================== Dipak Kumar Son of Vidya Sagar Singh Resident of Village- Akbarpur, P.S.- Rajpur,District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dinara (Bhanas) P.S. Case No. 224 of 2018 dated 27.06.2018 instituted for the offences under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.03.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that while he was returning to Kochas after closing his shop from Barahari Bazar, four accused persons on an Apache Motorcycle came and snatched

Patna High Court CR. MISC. No.44320 of 2021(2) dt.15-12-2021 2/3 one kilo silver, Rs. 8,000/- cash and silver ornaments worth Rs. 32,000/- apart from other articles as alleged in the F.I.R., further the informant had also given description of the accused who committed the occurrence.

Learned counsel for the petitioner submits that the F.I.R. was against unknown. The informant in the F.I.R. had also given description of the accused but despite the accused being in custody since 17.03.2021 till date he has not been put on test identification parade.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that petitioner has got criminal antecedents as mentioned in paragraph '3' of the bail application.

Considering the fact that the petitioner is in custody since 17.03.2021, charge-sheet has been submitted in the case and till date the petitioner has not been put on T.I.P., let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III., Bikranganj, Rohtas in connection with Dinara (Bhanas) P.S. Case No. 224 of 2018 subject to the condition as laid down under Section 437 (3) Cr.P.C. with a

Patna High Court CR. MISC. No.44320 of 2021(2) dt.15-12-2021 3/3 condition that the petitioner will keep marking his attendance in the concerned police station in between 20-25 of every month commencing from January, 2022 till the charges are framed. The concerned police station will report on 28th of every month commencing from January, 2022 to the learned court below that the petitioner is marking his attendance in the police station in between the aforesaid dates till the charges are framed and if it is reported that the petitioner has not marked his attendance in between the aforesaid dates in any of the month before framing of charges, the court below will instantantly cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T