Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25503 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Dilip Kumar Son of Shyam Kishor Mehto @ Shyam Prasad, Resident of Village- Baghachak, P.S.- Ghosabari, District- Patna, at present VillageSherpur, P.S.- Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-06-2017 Heard Mr. Arun, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Sadar P.S. Case No. 10 of 2017 registered for the offences under sections 399, 402, 414 of the Indian Penal Code and sections 25(1-b)a/26/35 of the Arms Act.

Learned counsel for the petitioner would refer the First Information Report and the seizure list showing that so far petitioner is concerned, there is no recovery of arms from his possession and the allegation of making a plan for dacoity is only concocted, as according to the learned counsel for the petitioner,

Patna High Court Cr.Misc. No.25503 of 2017 (3) dt.08-06-2017 2/2 the case has been registered by the Patrolling party indulging the petitioner in the present case. He would further submit that the petitioner has got no criminal antecedent as stated in paragraph 3 of this application and the petitioner is in custody since 11.02.2017.

Learned A.P.P. opposed the prayer for bail, however considering the nature of allegations and that the petitioner was not found in possession of any arms and he has only a possession of a motor-cycle of which he could not explain with paper and that he is in custody since last five months approximately, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur/Successor Court in connection with Sadar P.S. Case No. 10 of 2017, subject to the condition that one of the bailors shall be a family member of the petitioner having no criminal antecedent.

Accordingly, this application is disposed of. (Rajeev Ranjan Prasad, J) Mahesh/- U T