Patna High CourtCR. MISC./80732/2019bail granted

Dhiraj Kumar v. The State Of Bihar

2019-12-09Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 80732 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- SURYAGARHA District- Lakhisarai ====================================================== DHIRAJ KUMAR Son of Adhik Mahto Resident of Village - Paharpur, P.S. - Medanichowki, District- Lakhisarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-12-2019 Heard learned Senior Counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 398, 399, 402 of Indian Penal Code and Sections 25 (1B) a, 26/35 of Arms Act. It is submitted by the learned Senior Counsel appearing for the petitioner that the manner of occurrence is highly improbable. The petitioner has been implicated in this case falsely and he denies the recovery of country made pistol from his possession. It is submitted that the mobile phone, recovery of which is attributed to the petitioner, is in the name of petitioner. Petitioner is in custody since 20th of July, 2019 and has no criminal antecedent.

Patna High Court CR. MISC. No.80732 of 2019(2) dt.09-12-2019 2/2 Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's Senior Counsel.

Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in Surajgarha (Manikpur) Police Station Case No 221 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T