Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60626 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== Dinesh Kumar S/O Ram Milan Mahto R/o Village- Bathnaha (Pani tanki), P.S- Bathnaha, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bathnaha P.S. Case No. 55 of 2023 dated 09.02.2023, lodged under Sections 341, 323, 326, 307 and 34 of the I.P.C. read with Section 27 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons, who have committed robbery with the informant at the gun-point.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the name of the petitioner has figured in this case by virtue of the confessional statement of the co-accused persons. He further submits that nothing incriminating has been
Patna High Court CR. MISC. No.60626 of 2024(2) dt.04-09-2024 2/3 recovered from the possession of the petitioner, nor he was put on T.I.P. He further submits that the petitioner is in custody since 04.05.2024 having two criminal cases pending against him in which he is on bail.
5. Learned A.P.P. for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean, there are in total three criminal cases pending against him including the present one.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail (only after framing of charge, if not framed) on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sitamarhi in connection with Bathnaha P.S. Case No. 55 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
(i) one of the bailors 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
Patna High Court CR. MISC. No.60626 of 2024(2) dt.04-09-2024 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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.
7. It is made clear that the Trial Court shall accept the bail bond of the petitioner on being satisfied that he is not absconding in the cases pending against him, as follows:- (i) Bathnaha P.S. Case No. 96 of 2023.
(ii) Bathnaha P.S. Case No. 88 of 2023.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) sadique/- U T