Dinesh Rajak @ Bahadur Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48781 of 2018 Arising Out of PS. Case No.-69 Year-2016 Thana- BIDUPUR District- Vaishali ====================================================== Dinesh Rajak @ Bahadur Baitha son of Langra Baitha @ Birendra Rajak resident of Village - Kanchanpur, P.S. - Biddupur, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Biddupur P. S. Case No. 69 of 2016 instituted for the offence under Section(s) 379/34 Indian Penal Code.

Learned counsel for the petitioner seeks permission to make necessary correction in the bail petition. Permission is granted.

It is submitted that petitioner has been named in this case merely on suspicion.

Learned counsel for the petitioner has submitted that petitioner has been remanded in this case after being arrested in Town P.S. case no. 154 of 2018 which was registered under the Excise Act wherein the petitioner was arrested with a tempo

Patna High Court Cr.Misc. No.48781 of 2018(2) dt.25-09-2018 2/2 along with illicit liquor.

In the instant case there is allegation that informant's tempo was stolen by this petitioner and one Laxaman Rai. It is mentioned in the written report itself that for the aforesaid theft a Sanha was earlier lodged which was registered as Sanha no. 242 of 2016.

Petitioner has enclosed the FIR of Town P.S. Case No. 154 of 2018 vide Annexure -2 wherein the details of the tempo alleged to have been seized from the petitioner, has been mentioned, which does not tally with the details of the tempo as given by the informant in the present case.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 14th ACJM Vaishali at Hajipur , in connection with Biddupur P. S. Case No. 69 of 2016 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T