Deepak Kumar Sah @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5416 of 2024 Arising Out of PS. Case No.-534 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Deepak Kumar Sah @ Deepak Kumar SON OF SHIVJEE SAH Resident of village- Madarpur ward no 11 PS -Bheldi District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Morhowrah P.S. Case No. 534/2023, lodged on 26.08.2023 under Sections 356/379 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against four named accused persons with an allegation of committing robbery of jewellery worth Rs.2,50,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his named has surfaced in the present case by virtue of confessional statement of coaccused, Sandeep Kumar and on whose disclosure recovery of some of the articles have been made. He further submits that

Patna High Court CR. MISC. No.5416 of 2024(2) dt.07-02-2024 2/2 neither any incriminating articles have been recovered from the possession of the petitioner nor the recovered articles have been put on the Test Identification Parade. The petitioner is accused in two more criminal cases and he is in custody since 04.11.2023.

5. Learned counsel for the State opposes the prayer for bail and submits that the recovery of looted ornaments has been made from the house of the petitioner and the informant has identified the seized ornaments.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Morhowrah P.S. Case No. 534/2023, pending before the learned CJM, Saran at Chapra is hereby rejected.

8. However, the petitioner may renew his prayer for bail after six months' of framing of the charge.

10. With this observation, the bail application stands disposed off.

(Dr. Anshuman, J) Ashwini/- U T