Dipak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38717 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- BARH District- Patna ====================================================== 1.
Dipak Kumar, Son of Late Laxmi Sao, Resident of Village- Gulabbagh Naya Tola, Barh, Ps- Barh, District- Patna 2.
Anuj Sao @ Papri, Son of Late Laxmi Sao, Resident of Village- Gulabbagh Naya Tola, Barh, Ps- Barh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar, Advocate For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Barh P.S. Case No. 58 of 2023 lodged on 24.01.2023 under Section 395 of the Indian Penal Code.
3. As per the prosecution case, 10-12 unknown accused persons came and on the point of pistol committed robbery with the informant and in that course they assaulted the informant also. Subsequently, some of the stolen articles have been recovered from the scrap shop of the petitioners.
4. Learned counsel for the petitioners submits that the petitioners are not named in the FIR, rather their name have
Patna High Court CR. MISC. No.38717 of 2023(2) dt.07-07-2023 2/2 come on the confessional statement of co-accused. Neither the petitioners nor the recovered articles have been put on Test Identification Parade. He further submits that the petitioner no.1 is in custody since 11.02.2023 whereas petitioner no. 2 is in custody since 20.02.2023 having no criminal antecedent. Moreover, the chargesheet has already been submitted in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Barh in connection with Barh P.S. Case No. 58 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U