Dilip Kumar Das @ Dilip Das @ Dilip Kumar @ Dilip Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38248 of 2019 Arising Out of PS. Case No.-445 Year-2017 Thana- KOTWALI District- Munger ====================================================== DILIP KUMAR DAS @ DILIP DAS @ DILIP KUMAR @ DILIP RAJAK, aged about 25 years (M), S/O Sri Laxman Das, R/O Lallu Pokhar, P.S.- Kasim Bazar, District- Munger.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Sevak Choudhary, Advocate.

For the Opposite Party :

Mr.Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.03.2018 in a case for the offence registered under Sections 399, 402 of the IPC, 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that the petitioner and others were apprehended by the police when they assembled in the house of Nikki Thathera for committing some offence and on raid three persons were caught who disclosed their name as Md. Faiyaz @ Gidharwa, Ranjan Bind and Nikki Thathera and they have also disclosed the name of this petitioner and others who managed their escape from the place of occurrence.

Patna High Court CR. MISC. No.38248 of 2019(2) dt.26-06-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has come in the present case on the basis of disclosure made by coaccused. There is no recovery of any incriminating article from possession of the petitioner. There is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let 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 the learned C.J.M. Munger, in connection with Kotwali P.S. Case No. 445 of 2017 (G.R. No. 3271 of 2017).

(Sudhir Singh, J) U.K./- U T