Dipak Kumar Singh @ Dipak Kumar @ Saket And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62957 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================
1. Dipak Kumar Singh @ Dipak Kumar @ Saket, Son of Shyam Kishore Singh, Resident of Village- Hasanpur, P.S.- Mahnar, Dist.- Vaishali.
2. Raj Kumar Rai @ Raju Rai @ Raju @ Raj Kumar @ Barka, Son of Ganesh Rai, Resident of Village- Pattharghat, P.S.- Patori, Dist.- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma, Adv. For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.
Petitioners seek bail in Tajpur (Halai) P.S. Case No. 244/2017, registered for the offences punishable under Section 394 of the Indian Penal Code. Later on, section 411 of the Indian Penal Code was added.
Informant alleged that while he was going on a pick-up van loaded with 150 L.C.D. T.V. of L.G. company from Patna to Saharsa, in the way, some miscreants overtook and stopped his van. They got him down and left him at a lonely place, thereafter, all the accused persons took away the informant's pick-up van. It has been submitted that petitioners have falsely been
Patna High Court Cr.Misc. No.62957 of 2018 (2) dt.25-10-2018 2/3 implicated in this case. Name of the petitioners figured in this case on the basis of confessional statement of co-accused. Similarly placed co-accused have been granted bail by different benches of this court vide order dated 30.05.2018 passed in Cr. Misc. No. 22169/2018, dated 10.07.2018 passed in Cr. Misc. No. 37793/2018 and order dated 11.07.2018 passed in Cr. Misc. No. 38965/2018.
Petitioners are in custody since 26.03.2018.
Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Ist, Samastipur in connection with Tajpur (Halai) P.S. Case No. 244/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to
Patna High Court Cr.Misc. No.62957 of 2018 (2) dt.25-10-2018 3/3 cancel their bail bonds.
(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U T