Patna High CourtCR. MISC./707/2024allowed

Dharmendra Kumar @ Hito v. The State Of Bihar

2024-02-02Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.707 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- ISMAILPUR District- Bhagalpur ====================================================== Dharmendra Kumar @ Hito S/o Sadanand Singh R/o village-Pakra, P.S.- Naugachia, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Ismailpur P.S. Case No. 97 of 2023, registered for the offences punishable under Sections 395, 397 and 412 of the Indian Penal Code.

3. As per the prosecution case, on 11.08.2023 at about 02:30 P.M., when the informant was coming from Jharkhand on his tempo, a scorpio took over his tempo from which four unknown accused persons came down and started assaulting him and took away his tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the driver of the tempo dash with

Patna High Court CR. MISC. No.707 of 2024(2) dt.02-02-2024 2/3 the scorpio due to that reason, the petitioner stopped the tempo. He also submits that nothing has been recovered from the scorpio vehicle of the petitioner and due to four criminal antecedent, the Police has implicated him in this case. He further submits that the chargesheet has been submitted against the petitioner in this case and he is in jail custody since 12.08.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Naugachia, Bhagalpur or Concerned Court Below in connection with Ismailpur P.S. Case No. 97 of 2023, subject to the following conditions:- (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the

Patna High Court CR. MISC. No.707 of 2024(2) dt.02-02-2024 3/3 Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(Sunil Dutta Mishra, J) ashishkr/- U T