Patna High CourtCR. MISC./818/2018bail granted

Dilip Kumar v. The State Of Bihar

2018-01-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.818 of 2018 Arising Out of PS.Case No. -402 Year- 2017 Thana -PATNA GRP CASE District- PATNA ====================================================== Dilip Kumar S/o late Mahesh Prasad @ Maheshwar Prasad, Kurthol Bazar P.S. Parsa Bazar Dist. Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satrudhan Kumar, Advocate For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 401,414 of the Indian Penal Code and 137, 147 of the Railway Act. Petitioner's counsel submits that merely on the basis of suspicion the petitioners along with others have been apprehended by the informant. The recovery attributed to the petitioner is of two pieces of blade concealing in a match box and cash of Rs. 450/-. He submits that the petitioner is innocent and has falsely been implicated in this case as nothing incriminating has been recovered from his possession and that prior to the instant case the petitioner has no criminal antecedent. He is in custody since 28.07.2017.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.818 of 2018 (2) dt.11-01-2018 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway, Patna in Rail Patna Junction P.S. Case No. 402 of 2017 G.R. No. 572 of 2017 subject to the 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 will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U