Patna High CourtCR. MISC./65/2024bail granted

Dipu Yadav @ Dipu Kumar v. The State Of Bihar

2024-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Dipu Yadav @ Dipu Kumar s/o Bigan Rai R/o Anhari PS-Riga Dist-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Riga P.S. case No. 256 of 2023 instituted for the offences under Section 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

3. Prosecution allegation, in short, is that two accused persons, including this petitioner, began to flee away on seeing the police party. During chase, one of the accused person (this petitioner) was apprehended whereas the other accused person succeeded to flee away. On search, one loaded country-made katta and a stolen motorcycle was recovered from his possession.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.65 of 2024(2) dt.19-01-2024 2/2 the petitioner is in custody since 16.07.2023 and has three criminal antecedents. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case and has no concern with the alleged recovery. No specific overt act is alleged against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Riga P.S. case No. 256 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T