Dharmendra Rai @ Dharmendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46843 of 2014 Arising Out of PS.Case No. -12 Year- 2013 Thana -SARAN GRP CASE District- SARAN ======================================================

1. DHARMENDRA RAI @ DHARMENDRA KUMAR RAI SON OF RAM NATH RAI RESIDENT OF VILLAGE - MINAPUR, P.S. GARKHA, DISTRICT - SARAN AT CHAPRA ( BIHAR ) .... .... Petitioner/s

Versus

1. THE STATE OF BIHAR .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

The accusation is of robbing the informant during train dacoity leading to registration of FIR against unknown. Name of the petitioner sprang up in the second confessional statement of Ajay Rai and subsequently in the confessional statement of Firoz. It is submitted by the learned counsel for the petitioner that in earlier confessional statement Ajay Rai did not name the petitioner and there is no recovery from the petitioner. It is further submitted that co accused Kumar Avinash Singh Khushik alias

Patna High Court Cr.Misc. No.46843 of 2014 (2) dt.27-04-2015 2/2 Shailesh Singh alias Kumar Avinash Singh Kaushik has been granted anticipatory bail vide Cr. Misc. No. 22857 of 2014. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonepur in connection with Chapra Rail P.S. Case No. 12 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioner will give liberty to prosecution to file application for cancellation of bail bond by learned court below.

(Dinesh Kumar Singh, J) Anil/- U T