Dheeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54967 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== Dheeraj Kumar Son Of Rambalak Prasad @ Late Ram Balak Yadav Village Galwati Ps Satgawan District Kodarma.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Manisha Prakash, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-08-2023 Heard Ms. Manisha Prakash, learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Govindpur P.S. Case No.199 of 2022 instituted under Section 25(1)(a),25(1-A),25(1-AA),25(1-B)(a),25(1-B)(b),26(1)
(2) and 35 of Arms Act lodged on 13.06.2022 by the informant Shyam Kumar Pandey.
As per the prosecution story, on confidential information that accused persons are going to commit crime, they were intercepted, arrested and so far as this petitioner is concerned mobile and SIMs were recovered/seized which he confessed to have used for asking for extortion. It is the case of the petitioner that only to implicate him the story has been put forward, has suffered by being in custody since 15.06.2021 (para-1 of the petition). It is his
Patna High Court CR. MISC. No.54967 of 2023(2) dt.25-08-2023 2/3 further submission that similar placed co-accused have since been released on bail vide Cr. Misc. No.20007 of 2023. Learned APP opposes the prayer for bail.
Considering the submissions put forward by the learned counsel for the petitioner, his period of custody and in view of the fact that charges have already been framed, as stated in para-11 of the petition, this Court is inclined to extend him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Govindpur P.S. Case No.199 of 2022 to the satisfaction of learned Additional Sessions Judge, Ist, Nawada, subject to 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
Patna High Court CR. MISC. No.54967 of 2023(2) dt.25-08-2023 3/3 police station every month for a year to mark attendance; (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 the bail bonds. (Rajiv Roy, J) Prakash Narayan U T