Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2264 of 2023 Arising Out of PS. Case No.-94 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Deepak Kumar Son Of Sushil Kumar R/O Village- Keshav Sadar Gali, P.S.- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Khajekala P.S. Case No. 94 of 2022 registered under sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner along with other co-accused person is to commit murder of the son of the informant by causing firearm injuries due to long standing previous enmities.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.2264 of 2023(2) dt.03-04-2023 2/3 falsely been implicated in this case due to village politics and previous enmity. Nothing incriminating has been recovered from the possession of the petitioner. It is further submitted that the informant is not an eye witness and merely on suspicion dragged the petitioner in this case. It is also submitted that there is no specific overt act against the petitioner rather general and omnibus allegation has been levelled against him. Similarly situated other co-accused persons have already been granted bail by the different coordinate Bench of this Court vide order dated 21.02.2023 in Cr. Misc. No. 64119 of 2022 and order dated 20.02.2023 in Cr. Misc. No. 65899 of 2022. Further, the petitioner is languishing in judicial custody since 14.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khajekala P.S. Case No. 94 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.2264 of 2023(2) dt.03-04-2023 3/3 like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Patna City. (Sunil Kumar Panwar, J) shubham/- U T