Dileep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56152 of 2021 Arising Out of PS. Case No.-258 Year-2018 Thana- DINARA District- Rohtas ====================================================== DILEEP KUMAR Son of Shyam Narayan Singh Resident of Village - Akbarpur, P.s.- Rajpur, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
Learned counsel for the petitioner submits that in the prayer portion of the present petition, due to typographical error, P.S. case number has been typed as "Dinara P.S. Case No. 158 of 2018" in place of "Dinara P.S. Case No. 258 of 2018 ". Let in the prayer portion of the petition, the words "Dinara P.S. Case No. 158 of 2018 " be corrected to be read "Dinara
Patna High Court CR. MISC. No.56152 of 2021(2) dt.18-01-2022 2/3 P.S. Case No. 258 of 2018".
The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code. The prosecution allegation, in short, is that the unknown accused persons looted cash amount and mobile of the informant. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The informant is said to have been looted by the miscreants and the personal belongings along with cash were taken away by the miscreants. The name of the petitioner has transpired on the basis of confessional statement of coaccused recorded under section 161 of Cr.P.C. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no recovery of any incriminating articles from the possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen
Patna High Court CR. MISC. No.56152 of 2021(2) dt.18-01-2022 3/3 due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas at Sasaram in connection with Dinara P.S. Case No. 258 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T