Patna High CourtCR. MISC./30994/2016bail granted

Diwakar Das v. The State Of Bihar

2016-08-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30994 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Diwakar Das S/o Banarsi Das Resident of Village- Hanuman Nagar, Police Station- Rosera, Distrct Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-399, 402 of the Indian Penal Code and under Sections25(i-B)A/26/35 of the Arms Act. Only single cartridge is said to have been recovered from conscious possession of the petitioner, when he and three others were arrested from house of the petitioner. The petitioner carries criminal antecedent. The present case has been lodged u/Ss 399 & 402 of the Indian Penal Code and various sections of the Arms Act but the informant has, nowhere, claimed in his written report that the petitioner and others had assembled to make preparation for committing dacoity rather the informant claimed in

Patna High Court Cr.Misc. No.30994 of 2016 (2) dt.11-08-2016 2/2 his written report that the petitioner and his associates had assembled to make preparation to commit serious offence. Therefore, the aforesaid claim of the petitioner does not appear to have come under the purview of Sections-399 & 402 of the Indian Penal Code.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Rosera P.S. Case No. 03 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera at Samastipur.

(Hemant Kumar Srivastava, J) A.K.V./- U T