Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57048 of 2018 Arising Out of PS.Case No. -84 Year- 2018 Thana -KASHICHAK District- NAWADA ====================================================== Dhiraj Kumar, Son of Rudal Singh, Resident of Village- Rebar, P.S.- Kashichak, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhavesh Kumar, Adv. For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Kashichak (Sahpur) P.S. Case No. 84/2018, registered for the offence punishable under Section 395 of the Indian Penal Code.

Informant (driver of truck) alleged that when he reached near Jamuawan School, seven miscreants on three motorcycles overtook and stopped the truck. They assaulted him and also took away Rs. 15,000/-. On chase, two miscreants including this petitioner were apprehended.

It has been submitted that petitioner has falsely been implicated in this case. Petitioner was coming from village Bhagwatpur after seeing Yagya. His name has surfaced in this

Patna High Court Cr.Misc. No.57048 of 2018 (3) dt.08-10-2018 2/3 case on his confession before the police. No incriminating article has been recovered from his possession.

Petitioner has no criminal antecedent. He is in custody since. 27.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Nawada in connection with Kashichak (Sahpur) P.S. Case No. 84/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.57048 of 2018 (3) dt.08-10-2018 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T