Dipak Dom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87525 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Dipak Dom Son of Dilip Dom Resident of Village/ Mohalla- Gewal Bigha, P.S.- Rampur, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Adv For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 30-04-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kotwali P.S. Case No. 220 of 2023 registered for the offences punishable u/s 394 of the I.P.C.
3. As per the prosecution case, on 22.03.2023, the informant along with his wife, was going to the railway station, in the meantime, some unknown miscreants came and snatched a cash amount of Rs. 15,000/- and the gold ornaments of his wife and fled away.
4. Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. It is further submitted that no incriminating article has been recovered from
Patna High Court CR. MISC. No.87525 of 2024(3) dt.30-04-2025 2/3 the conscious possession of the petitioner and no TIP has been conducted for the identification of the accused persons. It is lastly submitted that the petitioner has three criminal antecedents and is in custody since 30.04.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner is a habitual offender and he is an accused in three cases of similar offence, hence, he does not deserve the liberty of bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner is not named in the FIR and also taking into account the fact that the petitioner is in custody since 30.04.2024, let the petitioner above-named, be enlarged 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 Court concerned, Gaya in connection with Kotwali P.S. Case No. 220 of 2023, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
Patna High Court CR. MISC. No.87525 of 2024(3) dt.30-04-2025 3/3 (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) If the petitioner's involvement is found in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T