Patna High CourtCR. MISC./47872/2016bail granted

Dhiraj Kumar v. The State Of Bihar

2016-11-11Mr. Justice Kishore K. Mandal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47872 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Dhiraj Kumar S/o Arvind Singh, R/o- Vill Kumbhi, P.S.- Warsaliganj, Distt.- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Ramchandar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-11-2016 Heard learned counsel for the petitioner and Mr. Ramchandar Singh for the State.

The sole petitioner seeks bail in connection with Giriak P.S. case no. 44 of 2016, registered under Section 392 of the IPC.

While the informant was moving on a motorcycle, it is alleged, that the accused persons intercepted and looted the belongings as well as motorcycle. The First Information Report was lodged against unknown.

It has been submitted that only on the basis of the confessional statement of co-accused Gulshan Kumar petitioner has been suspected as an accused and is languishing in custody

Patna High Court Cr.Misc. No.47872 of 2016 (2) dt.11-11-2016 2/3 since 15.06.2016. There has not been any recovery from the possession of the petitioner. Co-accused Gulshan Kumar has been released on bail by this Court vide order dated 18.8.2016 (Annexure-2).

Mr. Singh, learned APP for the State, however, submits that there is some criminal antecedents of the petitioner. Be that as it may, as the co-accused on whose confessional statement petitioner has been suspected and made accused in this case has since been privileged with bail by this Court, I am inclined to release the petitioner on bail. Let the petitioner, named above, 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 Judicial Magistrate, Ist Class, Nalanda, Bihar Sharif in connection with Giriak P.S. case No. 44 of 2016, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail

Patna High Court Cr.Misc. No.47872 of 2016 (2) dt.11-11-2016 3/3 bonds of the petitioner and secure his arrest in accordance with law.

Shyam/- (Kishore Kumar Mandal, J) U T