Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37269 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -KAKO District- JEHANABAD ====================================================== Dipu Kumar, S/o Late Nand Kishore Mistry, R/o Vill.- Jamuawan, P.S.- Parasbigha, District- Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Sharan,Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking regular bail in connection with Kako (Bhelawar) P.S. Case No.08/018, registered for offences alleged under Sections 115 and 120 (B) of the Indian Penal Code and Sections 25 (1-B)a, 26, 35 of the Arms Act. Learned for the petitioner submits that the name of this petitioner has transpired on the confessional statement of the coaccused Pintu Kumar whose house was raided by the police party and it was from the house of Pintu Kumar that the loaded pistol and live cartridges were recovered. This petitioner was not there and only later on he has been falsely implicated in the present case. Learned counsel for the petitioner submits that the petitioner
Patna High Court Cr.Misc. No.37269 of 2018 (2) dt.28-06-2018 has no criminal antecedent.
Learned APP for the State is present and has opposed the prayer for bail.
Considering the facts and circumstances of the case whereunder the name of the petitioner has come in the present case in view of the confessional statement of the co-accused and that the co-accused Mukesh Kumar who was present in the house where the raid was conducted has been granted bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No.20364 of 2018, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-IV, Jehanabad in connection with Kako (Bhelawar) P.S. Case No. 08/2018, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/Ravi U T