Patna High CourtCR. MISC./16422/2021bail granted

Dipak Kumar @ Lakhan @ Lakhan Kumar v. The State Of Bihar

2021-07-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16422 of 2021 Arising Out of PS. Case No.-275 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== DIPAK KUMAR @ LAKHAN @ LAKHAN KUMAR SON OF SRI ASHOK PRASAD RESIDENT OF VILLAGE-BASBARIA, P.SMEHSOUL(O.P) DISTT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-07-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Runnisaidpur P.S. Case No. 275 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code. The petitioner's prayer for regular bail was earlier rejected by this Court by an order dated 30.06.2020 passed in Cr. Misc. No. 16130 of 2020, keeping in view the gravity of the allegation and the petitioner's long criminal antecedent. A new ground has been taken in the present proceeding renewing prayer for bail by filing a supplementary

Patna High Court CR. MISC. No.16422 of 2021(3) dt.28-07-2021 2/2 affidavit to the effect that the petitioner has been found to be suffering from H.I.V.. Certain documents in support thereof have also been brought on record.

Learned counsel for the petitioner has also drawn my attention to an order of this Court dated 08.12.2020 passed in Cr. Misc. No. 32465 of 2020 whereby a co-accused Chanchal Kumar has been allowed regular bail by this Court. Considering the circumstance that similarly situated co-accused has been allowed regular bail by this Court and a plea has been taken on behalf of the petitioner that he is suffering from H.I.V., this application is allowed. 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 Chief Judicial Magistrate, Sitamarhi in Runnisaidpur P.S. Case No. 275 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T