Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86102 of 2023 Arising Out of PS. Case No.-643 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Dipak Kumar S/O Rajkumar Singh R/O Village- Kharua, P.S- Kundwa Chainpur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Dhaka P.S. Case No.643 of 2022 registered under Section 392 of the I.P.C.

3. As per prosecution case, it is alleged that three miscreants, on a motorcycle, came to the shop of the informant and took away Rs.4 lacs from counter of the shop as well as from the bag of the informant on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.86102 of 2023(2) dt.16-01-2024 2/3 co-accused during investigation in which it is alleged that the petitioner had worked as liner. He further submits that nothing has been recovered from conscious possession of the petitioner. Petitioner was not seen on the spot. The petitioner has four criminal antecedents out of which three cases belong to the Excise Act and he is on bail in all cases. The petitioner is in custody since 17.08.2023 and the charge sheet has already been submitted. It is also submitted that other similarly situated coaccused persons, namely, Chandan Kumar, Shatrughna Kumar @ Shatrughna Yadav, Rupesh Kumar and Amit Kumar Singh @ Bittu Singh @ Amit Kumar have been granted bail by coordinate benches of this Court vide orders dated 26.04.2023, 24.08.2023, 18.08.2023 and 01.12.2023 passed in Cr.Misc.No.14050 of 2023, Cr.Misc.No.54272 of 2023, Cr.Misc. No.49913 of 2023 and Cr.Misc.No.76099 of 2023.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-

Patna High Court CR. MISC. No.86102 of 2023(2) dt.16-01-2024 3/3 Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No.643 of 2022.

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