Dipali @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28754 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -DANAPUR District- PATNA ======================================================

1. Dipali @ Deepak Kumar S/o - Jamadar Rai R/o - Jhakhari Mahadev, Gola Road, P.S. - Danapur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Danapur P.S.Case No.85 of 2017, registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and later on his name transpired during the course of investigation of the case in the confessional statement of the co-accused. Submission of the learned counsel for the petitioner is that except confession, there is nothing against the petitioner and he is in custody for about five months.

Heard learned A.P.P. also, who could not controvert the facts that except the confession, there is nothing against the

Patna High Court Cr.Misc. No.28754 of 2017 (3) dt.27-07-2017 2/2 petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Danapur in connection with Danapur P.S.Case No.85 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T