Dharmendra Kr. Singh @ Dharmendra Singh @ Formen Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2300 of 2019 Arising Out of PS. Case No.-331 Year-2014 Thana- KATORIYA District- Banka * ====================================================== Dharmendra Kr. Singh @ Dharmendra Singh @ Formen Singh, Son of Chhotelal Singh, Resident of village- Malaypur (Rathour Tola), P.S.- Malaypur, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Sharma For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Seven motorcycle borne criminals are said to have looted cash of Rs.24000/-, ATM Cards, PAN Card and golden chain of the informant on the point of pistol. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. He was not put on T.I.P. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused namely Kunal Kumar

Patna High Court CR. MISC. No.2300 of 2019(3) dt.06-03-2019 2/2 Singh which has no evidentiary value in the eye of law. Petitioner had no knowledge of lodging of the case against him, however on learning the same he suo motu surrendered before the court on 15.09.2018 and he is languishing in custody since then without any fault.

On the other hand, learned APP for the State opposed the prayer for bail.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned P.O. F.T.C.-I, Banka in connection with S.T. No. 202/2018 (arising out of Katoria P.S. Case No. 331/2014).

(Prakash Chandra Jaiswal, J.) mantreshwar/- U T