Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.113 of 2018 Arising Out of PS.Case No. -257 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Dipak Kumar, son of Vilas Beldar @ Vilas Chouhan, resident of VillageHarauli, Police- Station- Barh, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Sahay For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Harnaut P.S. Case No.257 of 2017, registered for offences alleged under Sections 399 and 402/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was arrested in course of raid by the police but nothing has been recovered from his possession. He has been implicated on the basis of confessional statement of co-accused. He further submits that the named accused from whom the two live cartridges were recovered has been granted regular bail by a coordinate

Patna High Court Cr.Misc. No.113 of 2018 (3) dt.15-01-2018 Bench of this Court in Cr.Misc.No.61016 of 2017. Learned APP opposed the prayer for bail.

In the facts and circumstances, particularly the fact that nothing has been recovered from the possession of this petitioner and he has been arrayed in this case only on the basis of confessional statement of co-accused, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No.257 of 2017, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T