Dhiraj Kumar @ Dhuri Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32601 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -ATHMALGOLA District- PATNA ====================================================== Dhiraj Kumar @ Dhuri Singh son of Late Janardan Singh, Resident of Village- Dakshnichak, P.S- Athmalgola, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-11-2016 Heard both sides.
The petitioner is facing prosecution vide Athmalgola P.S. Case No. 09 of 2016 registered under Sections 302/34 of the Indian Penal Code and has prayed for grant of regular bail. The informant is not an eyewitness to the occurrence. It is alleged that his father was done to death by unknown persons/accuseds. The police is said to have arrested the petitioner on suspicion, whereafter he is said to have made a confession. The petitioner was, thereafter, got remanded to the judicial custody on 14.01.2016. On the basis of the confessional statement, the petitioner is suspected to be an accused of the extant case.
Mr. Sharma, the counsel for the petitioner submits that
Patna High Court Cr.Misc. No.32601 of 2016 (3) dt.11-11-2016 2/2 except the confessional statements, there is no eye witness to the occurrence. The petitioner is languishing in custody since 12.01.2016 having no criminal antecedent.
Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Barh in Athmalgola P.S. Case No. 09 of 2016 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds. (Kishore Kumar Mandal, J) rohit/- U T