Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74941 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- RUPASPUR District- Patna ====================================================== Dharmendra Kumar, Son of Shivlal Sah, Resident of Village- Kotwa, Karariya, P.S.- Kotwa, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Archit Rajpal For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Rupaspur P.S. Case No.315 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that petitioner is not named in the FIR and nothing has been recovered from his possession. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner is not named in the FIR, he is in custody since 08.08.2019 and till date there is no identification of the petitioner, nothing has been recovered from his possession and that the co-

Patna High Court CR. MISC. No.74941 of 2019(2) dt.11-12-2019 2/2 accused has been granted regular bail by this Court in Cr.Misc. No.76097 of 2019 and in course of submission learned APP for the State has not submitted that the release of the petitioner is in any way likely to influence the trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur in connection with Rupaspur P.S. Case No.315 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T