Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62693 of 2022 Arising Out of PS. Case No.-332 Year-2022 Thana- HISUWA District- Nawada ====================================================== DHIRAJ KUMAR, Son of Surendra Prasad Resident at Village - Rame (Kakuara), P.S.- Nardiganj, District - Nawada (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Adv Mr. Dinesh Kumar, Adv For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in connection with Hisua P.S. Case No. 332 of 2022 registered under Section 392 of the Indian Penal Code. The informant has alleged that while he was on his way along with another person on motorcycle, then four unknown persons have stopped him and snatched 10,000/- (ten thousand) cash, one mobile phone and Samsung tab etc.
Learned counsel for the petitioner submits that petitioner is not a named accused. On statement of co-accused Subham Kumar, he has been implicated and arrested in this case and continues to be in custody since 28.06.2022. He has one antecedent in connection with Hisua P.S. Case No. 285 of 2022. His implication has not led to any
Patna High Court CR. MISC. No.62693 of 2022(2) dt.07-02-2023 2/2 recovery from him and he has not been put on T.I. Parade. Investigation is complete.
Learned APP has opposed the prayer for bail. It is submitted that there is recovery of some stolen articles from co-accused, who have named the petitioner in their confessional statement. Considering the rival submission, period of custody and the fact that there is no recovery from the petitioner and investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-VI, Nawada, in Hisua P.S. Case No. 332 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) SUMIT/- U T