Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52475 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== DHIRAJ KUMAR Son of Ram Uchit Singh Village Madhurapur Po Malikpura Ps Goraul District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Teghra P.S. Case No. 195 of 2022 for the offence punishable under Section 395 of the Indian Penal Code lodged on 12.7.2022 by the informant, Ramanuj Kumar. As per the prosecution story, the informant alleged that five accused persons entered the Punjab National Bank, Teghra branch and on the point of pistol took away Rs. 12,21,510/- as also two Acer company CPUs beside robbing the customers who were present in the Bank.

The contention of the petitioner is that he has no role to play in the matter and has been implicated only because he has criminal antecedent. His name has come in the confessional statement of Sonu Kumar but no TIP done.

Patna High Court CR. MISC. No.52475 of 2023(2) dt.19-08-2023 2/3 Learned APP opposes the prayer stating the bank has been looted and he has criminal antecedent.

Considering the aforesaid facts that his name has come in the confessional statement of Sonu Kumar, he is in custody since 20.9.2022 (para-14 of the petition), no TIP done, this Court is inclined to extend him the privilege of bail after framing of the charge.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 195 of 2022 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

Patna High Court CR. MISC. No.52475 of 2023(2) dt.19-08-2023 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T