Dhiraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80035 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- AMNAUR District- Saran ====================================================== Dhiraj Kumar Singh Son of Late Yogendra Singh Resident of Vill.- Chatra, P.S.- Kopa, Dist.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Advocate Ms. Nikita Mittal, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-02-2025 Heard Mr. Bindhyachal Singh, learned Senior counsel for the petitioner duly assisted by Ms. Nikita Mittal and Mr. Arun Kumar Pandey representing the State.
2. The petitioner is in custody in connection with Amnour P.S. Case No. 132 of 2024 for the offence under Sections 498(A), (B), (C), (D) and 420/34 of the Indian Penal Code lodged on 08.05.2024 by the informant, Pintu Kumar.
3. As per the prosecution story, the informant alleged that on secret information, the house was raided and counterfeit currencies recovered/seized. Though accused tried to escape, they were arrested and disclosed their name as Bacha Tiwari, Dhiraj Kumar Singh (petitioner herein), Pawan Kumar Manjhi as also Pinku Tiwari. All kinds of notes from Rs. 500/- to 200/-
2/4 and 100/- beside Rs. 20 were recovered/seized. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that though the police came to raid the house of the Bachcha Tiwari and as the accused persons were trying to escape, apprehended and the recovery/seizure is also near the house. Further, the police only to implicate, has put certain notes in his possession and further has taken his confessional statement. It is his submission that one of the accused, Pawan Kumar Manjhi has been extended relief in Cr. Misc. No. 72769 of 2024 and Bachcha Tiwary has also extended bail in Cr. Misc. No. 55298 of 2024, is in custody since 09.05.2024 (paragraph-13 of the petition) and if granted bail, shall be diligently appearing in trial.
5. Let the order of Pawan Kumar Manjhi be kept on record.
6. Learned APP opposes the prayer for bail submitting that the information of the Police was about Bachcha Tiwari and upon reaching the place, found the accused persons coming out of it, whereafter the arrest and the seizure took place.
7. Having taken note of the submissions put forwarded by the parties and further, he has remained in custody
3/4 since 09.05.2024, as recorded/submitted, Bachcha Tiwari has been extended relief and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VIII, Chapra in connection with Amnour P.S. Case No. 132 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(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 appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) 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
4/4 cancellation of the bail bonds;
(v) 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. (Rajiv Roy, J) Adnan/- U T