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Patna High CourtCR. MISC./20841/2017bail granted

Dhiraj Kumar v. The State Of Bihar

2017-07-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20841 of 2017 Arising Out of PS.Case No. -335 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Dhiraj Kumar, Son of Surendra Kumar, Resident of Village- Lahladpur Patahi, P.S. Sadar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 394/307 of the Indian Penal Code and Section 27 of the Arms Act. The FIR of the occurrence of robbery is against unknown. The robbed motorcycle was recovered from the possession of one Mayank Kumar who was arrested in connection with some other case. Mayank Kumar disclosed the name of his criminal associates.

Submission of the learned counsel for the petitioner is that though the petitioner was sent to jail in that case but was never put on Test Identification Parade and the statement of Mayank Kumar reveals that he has not stated that the present

Patna High Court Cr.Misc. No.20841 of 2017 (3) dt.01-07-2017 2/2 motorcycle was looted by the petitioner along with Mayank Kumar.

Considering the aforesaid submission, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur/successor Court in connection with Kurhani Police Station Case No. 335 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T