Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66885 of 2019 Arising Out of PS. Case No.-291 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Dipu Kumar S/o Indrajeet Singh @ Indradev Singh Resident of VillageRepura, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 483, 414 and 401 of the Indian Penal Code.
The prosecution case is that on secret information, the informant, being the ASI of police, apprehended three accused persons with two stolen motorcycles. The apprehended accused persons confessed that they used to commit theft of motorcycle. The name of the petitioner surfaced as a member of the gang. Subsequently, the house of the petitioner was raided, but no stolen article was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of statement of co-accused, the petitioner has
Patna High Court CR. MISC. No.66885 of 2019(2) dt.20-11-2019 2/2 been roped in the present case. There is no recovery from the conscious physical possession of the petitioner. Though the petitioner is accused in one other case, in which he is on bail. It is submitted by learned APP for the State that the petitioner has been named by the apprehended co-accused. Considering the fact that no recovery has been made from the house of the petitioner during raid, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No.291 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T