Dipak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17830 of 2018 Arising Out of PS. Case No.-272 Year-2017 Thana- MAJHAHGARH District- Gopalganj ====================================================== Dipak Singh son of Hari Shankar Singh Resident of village - Madhu Sareya, Tola Malikana, Police Station - Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Manjhagarh P.S. Case No. 272 of 2017 registered for the offence punishable under Section 379 of the Indian Penal Code. Later on Sections 328, 396, 412, 413, 120B of the Indian Penal Code was added.

Informant is a business man, who in his written complaint addressed to Officer-in-Charge of police station has stated that on 18.11.2017 from Gwallier he had booked mustard oil 1350 tin for Areraj, but the truck never reached Areraj and his driver Ali Asgar Ansari could not be contacted on his mobile since it was switched off and even after much search

Patna High Court Cr.Misc. No.17830 of 2018(3) dt.10-04-2018 2/3 he could not be located. He apprehended that unknown criminals have kidnapped his driver and Khalasi alongwith the truck loaded with 1350 tins of mustard oil and on basis of such written complaint FIR was registered. During investigation it was found that criminals had killed the driver and co-driver and left the truck at an isolated place near petrol pump and during investigation from the confidential information received by the I.O. Vira Chaudhary was arrested and on his confession the truck was recovered and also mustard oil sold to some of the traders of locality was recovered.

The name of petitioner has surfaced in this case on the basis of confession of said Vira Chaudhary that invaders of truck were calling name Deepak and on basis of that his confessional statement was taken, on basis of which he has been implicated in this case. Learned counsel for the petitioner has submitted that except self confessional statement by petitioner there is no incriminating materials against him. It has been further submitted that he has no criminal antecedent and he is in custody since 30.11.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail

Patna High Court Cr.Misc. No.17830 of 2018(3) dt.10-04-2018 3/3 upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Manjhagarh P.S. Case No. 272 of 2017.

(S. Kumar, J) veena/- U T