Patna High CourtCR. MISC./41963/2018bail granted

Dharmendra Kumar @ D. K. v. The State Of Bihar

2018-08-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41963 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Dharmendra Kumar @ D. K. S/o Mahendra Das, R/o Vill.- Keray Machkothi, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 382 of the Indian Penal Code. The petitioner is in custody since 28.12.2017 whereas the FIR under Section 382 of the Indian Penal Code has been lodged against three unknown persons.

Submission is that name of the petitioner has surfaced in the confessional statement of co-accused and besides the aforesaid there is no material as the petitioner was never put on Test Identification Parade nor anything was recovered from his possession. Investigation of the case is already complete. Finding substance in the submission aforesaid, let

Patna High Court Cr.Misc. No.41963 of 2018 (4) dt.09-08-2018 P2/ the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Hajipur Town P.S. Case No.114 of 2017, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T