Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33698 of 2020 Arising Out of PS. Case No.-374 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== DILIP KUMAR S/O Ram Rekha Mahto Resident of Village - Lala Tola, Garbhuwa, P.S. - Sirisiya O.P, District - West Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :
Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 379, 411, 413, 414 of the Indian Penal Code. The prosecution case, in short, is that at 11.00 P.M. at night, while the informant was sleeping in his room, 4-5 persons came on two motorcycles and having closed his room from outside, took away his motorcycle which was kept on his varandah.
Patna High Court CR. MISC. No.33698 of 2020(2) dt.16-12-2020 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-08-2020. Charge sheet in this case has already been submitted. It is submitted on behalf of the petitioner that the alleged occurrence is said to have taken place at 11.00 P.M. at night and due to the mistake of fact, the petitioner was apprehended in dark. The petitioner had nothing to do with the alleged occurrence. It has further been submitted that the petitioner may be released after completion of six months in custody. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that after completion of six months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sirisiya O.P. P.S. Case No. 374 of 2020.
(Sudhir Singh, J) A.K.V.//- U T