Dipak Kumar @ Dipak Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73611 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Dipak Kumar @ Dipak Saw S/o- Late Rajendra Saw @ Rajendra Saw Village- Kashichak, P. S. - Piribazar, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 126(2), 115, 109, 303(2), 74, 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita.
3. As per the prosecution story, the informant alleged that in noon time when she was sitting at her door, she saw her younger and elder brother in law has assaulted her son. In the meantime, when she tried to rescue her son the petitioner has assaulted her with hard blunt substance on her head by which she become unconscious. Accordingly the F.I.R.
Patna High Court CR. MISC. No.73611 of 2024(2) dt.18-10-2024 2/3
4. Learned counsel for the petitioner submits that there is case and counter case and the petitioner is in custody since 29.08.2024, injury report suggests that the injury is simple in nature and the antecedent of the petitioner is clean.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and the period of custody, 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 learned Judicial Magistrate 1st Class, Lakhisarai in connection with Piribazar P.S. Case No. 91 of 2024, subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner.
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.73611 of 2024(2) dt.18-10-2024 3/3 cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (S. B. Pd. Singh, J) Ankit Kumar/- U T