Deepak Kumar @ Deepak Raj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5357 of 2024 Arising Out of PS. Case No.-124 Year-2021 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Deepak Kumar @ Deepak Raj Yadav Son of Nirbhay Kumar Yadav Resident of Village- Banjaria, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Shyampur Bhatha (Sheohar) PS case No. 124 of 2021, instituted under Sections 406,420,504 and 120B of the Indian Penal Code and Section 3 of the B.P.I.D. Act.

3. Allegation, as per the FIR, is that the petitioner and others, by forming a fake trust, collected huge amounts from several persons and misappropriated the same in collusion with the staff of finance company.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5357 of 2024(2) dt.17-02-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. It is submitted that total three criminal cases have been lodged at different places against the entire family of the petitioner, wherein, altogether there are six accused persons, including the petitioner. Out of the three criminal cases, petitioner, his mother and brother have been granted bail in two cases. It is submitted that the main culprit is the father of the petitioner, namely, Nirbhay Kumar Yadav, who is behind the bar. The petitioner as well as his entire family members have been roped in this case for the act of his father. It is next submitted that two criminal cases are pending against the petitioner since before, in which, he is on bail.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Muzaffarpur or his successor court, in Shyampur Bhatha (Sheohar) P S case No.124 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Patna High Court CR. MISC. No.5357 of 2024(2) dt.17-02-2024 3/3

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T