Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55983 of 2018 Arising Out of PS.Case No. -323 Year- 2016 Thana -DUMRA District- SITAMARHI ====================================================== Dilip Kumar S/o Sukhdeo Sah, R/o Vill.- Chakiya, P.S.- Chakiya, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 414/34 of the Indian Penal Code and Section 136 of the Indian Electricity Act registered in connection with Dumra P.S. Case No. 323 of 2016.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Tarun Kumar, who is said to have committed theft, who was apprehended on the spot along with other co-accused persons. No recovery of any incriminating articles has been made from the petitioner. The petitioner claims clean antecedent.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.55983 of 2018 (2) dt.08-10-2018 2/2 communication of this order, let the above named 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 C.J.M. at Sitamarhi, in connection with Dumra P.S. Case No. 323 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions :

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) N.H./- Chandran U T