Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1866 of 2024 Arising Out of PS. Case No.-520 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Dhiraj Kumar S/O Nagednra Das R/O Village- Paharpur Tola (Monarath), P.S- Sahebganj, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Chiraiya P.S. Case No.520 of 2022, lodged on 01.12.2022, under Section 392 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against unknown accused persons against whom there is allegation that the offence of robbery took place at the instance of three unknown persons who has committed robbery and fled away on motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that FIR has been lodged against unknown accused persons and his name has figured by virtue of confessional statement of co-
Patna High Court CR. MISC. No.1866 of 2024(2) dt.24-01-2024 2/3 accused. Counsel submits that nothing incriminating has been recovered from the possession of the petitioner; rather it was recovered from the house of other co-accused. Counsel submits that there is one criminal case pending against the petitioner in which he is on bail. He is in custody since 17.10.2023. Charge sheet has already been filed.
5. Learned counsel for the State vehemently opposes the prayer for bail and submits that the accused persons from whose house the motorcycle was recovered had confessed the name of the petitioner due to which the petitioner's name has figured in this case.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikarahana at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No.520 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.1866 of 2024(2) dt.24-01-2024 3/3 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 bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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 the bail bonds. (Dr. Anshuman, J) Mkr./- U T