Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35644 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- BARUN District- Aurangabad ====================================================== DHARMENDRA KUMAR son of RAMJI RAM Resident of VillageKothara, P.S.- Agred, District- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under section 394 of the IPC. Prosecution's case, in brief, is that three unknown persons surrounded the informant, assaulted him and fled away with his motorcycle and other documents.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. FIR is against unknown and save and except confessional statement of co-accused Pappu Yadav @ Prince Yadav, nothing incriminating has come against the petitioner in course of the investigation. Petitioner has not been put on test identification parade (TIP) till date. Charge sheet has also been filed in the case . He is in custody since 30.6.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.35644 of 2020(2) dt.23-12-2020 2/2 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Barun Police Station Case No. 49/2020, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T