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Patna High CourtCR. MISC./40990/2020bail granted

Dipak Kumar @ Dizal v. The State Of Bihar

2021-03-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40990 of 2020 Arising Out of PS. Case No.-377 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Dipak Kumar @ Dizal aged about 25 years son of Ram Naresh Ray R/oVillage-Dighi Kala, West, P.S.-Sadar, Hajipur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Sadar P.S. Case no. 377 of 2020 registered under sections 412 and 414 of the Indian Penal Code.

As per allegation in the F.I.R., on the confession of the petitioner a stolen motorcycle was recovered for which the petitioner did not produce any documents.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. No recovery has been made on the confessional statement of the petitioner allegedly made before the police. From the seizure list it would transpire that the alleged place of

Patna High Court CR. MISC. No.40990 of 2020(2) dt.03-03-2021 2/2 recovery is below the bridge next to the railway line. The petitioner has no concern with the stolen motorcycle. He has been falsely implicated in the case only because of his earlier antecedent. He is in custody since 24.6.2020 and chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 24.6.2020, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case no. 377 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur.

(Partha Sarthy, J) Bibhash/- U T