Dharma @ Dharamdeo Singh @ Dharamnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2216 of 2021 Arising Out of PS. Case No.-74 Year-2013 Thana- BIDUPUR District- Vaishali ====================================================== Dharma @ Dharamdeo Singh @ Dharamnath Singh, Son of Rana Singh, Resident Of Village- Ward No.05, Mathura, P.S.- Bidupur, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Om Prakash Om, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bidupur P.S. Case No.74 of 2013 registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act. On some information regarding a likely commission of an offence, the police personnel proceeded to verify the same, when the miscreants have fled away. Three, namely, Raj Kumar @ Pappu Pal, Raja Yadav @ Gandhi and Ratnesh Rai @ Mintu Rai, have been arrested, from whom arms, motorcycle and mobile etc. have been recovered. They have named the petitioner as being one who fled away.

Patna High Court CR. MISC. No.2216 of 2021(2) dt.09-04-2021 2/3 Petitioner's name has surfaced in course of inquiry of coaccused person, namely, Raj Kumar @ Pappu Pal. It is submitted that based on confessional statement of co-accused, having no evidentiary value, petitioner has been remanded in the present case on 10.05.2019 while he was in custody in connection with another case. His custody in the present case is now about two years, though there is no recovery of any incriminating material from his conscious possession. The petitioner's prayer for bail has been rejected by the court below merely because of his criminal antecedents. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, in connection with Bidupur P.S. Case No.74 of 2013, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is

Patna High Court CR. MISC. No.2216 of 2021(2) dt.09-04-2021 3/3 related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T