Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81710 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Dhirendra Kumar Son of Arun Yadav @ Arun Prasad Yadav Resident of Village - Malia, P.S. and District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State.

The petitioner seeks bail in Madhepura P.S. Case No. 187 of 2019, CIS No. 347 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code. The informant alleged that on 19.02.2019 at about 9.30 pm, while the informant was returning to his home from Murliganj by his motorcycle, on the way, three miscreants on a motorcycle overtook him and looted his mobile and motorcycle and fled away towards Madhepura.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. F.I.R is against unknown. Name of this petitioner has surfaced in this case on the basis of confessional statement of co-accused Anmol Kumar and Manish Kumar. Nothing has been

Patna High Court CR. MISC. No.81710 of 2019(2) dt.11-12-2019 2/2 recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 24.04.2019.

Considering the facts aforesaid, the petitioner abovenamed, 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 Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 187 of 2019, CIS No. 347 of 2019, subject to the conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T