Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47701 of 2023 Arising Out of PS. Case No.-591 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== DILIP KUMAR SON OF LATE RAJENDRA PRASAD RESIDENT OF RAMKRISHNA NAGAR, IN FROM OF S.B.I. BANK POLICE STATIONRAMKRISHNA NAGAR, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2023 Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Sessions Trial no. 904/2022 (arising out of Patliputra P.S. Case no. 591 of 2021) registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, while the informant was carrying a sum of Rs.41 lacs in his Bolero vehicle, six accused persons on the point of pistol on three motorcycles surrounded the vehicle, abused and assaulted the informant and the driver and dispossessed the informant of the said amount.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 12.1.2023 passed in Cr. Misc. no. 34236 of 2022

Patna High Court CR. MISC. No.47701 of 2023(3) dt.26-07-2023 2/2 giving liberty to the petitioner to renew his prayer for bail after framing of charge or after six months, whichever is later. It is submitted that charge has been framed on 25.1.2023 and the petitioner is in custody since 13.12.2021.

5. Prayer for bail is opposed by learned A.P.P. for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner having remained in custody for more than six months since 13.12.2021, liberty granted vide the earlier order of rejection dated 12.1.2023 and charge having been framed against the petitioner in the learned trial Court on 25.1.2023, the Court directs the petitioner, to be enlarged on bail in connection with Sessions Trial no. 904 of 2022 (arising out of Patliputra P.S. Case no. 591 of 2021) 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 Additional Sessions Judge IX, Patna.

(Partha Sarthy, J) Prakash/- U