Dipak Kumar @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67630 of 2022 Arising Out of PS. Case No.-343 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Dipak Kumar @ Manish Kumar S/O Sri Kedhar Nath Banjara @ Kedar Nath Yadav R/O Village- Naya Tola, Jurabganj, P.S.- Korha, Distt- Katihar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Adv.
For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kesariya P.S. Case No. 343 of 2022 lodged under Sections 392 and 411 of the I.P.C.
As per the prosecution case, it has been alleged that on 13.07.2022 at about 12.30pm, informant visited nearby State Bank of India along with his brother, with Rs. 4,00,000/- to deposit in the said bank. The specific allegation against Dipak Kumar is that he snatched Rs. 4,00,000/- and fled away. In the meantime, noise took place and person was caught red-handed. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.67630 of 2022(2) dt.27-02-2023 2/3 allegation made against the petitioner is not correct. Learned counsel submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 14.07.2022 having clean antecedent and charge sheet has already been filed in this case.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Kesariya P.S. Case No. 343 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the
Patna High Court CR. MISC. No.67630 of 2022(2) dt.27-02-2023 3/3 petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T