Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3949 of 2022 Arising Out of PS. Case No.-138 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== DEEPAK KUMAR Son of Birendra Mahto Resident of Village - Rambagh, P.S. Sadar, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sadar P.S. Case No. 138 of 2020 registered for the offences punishable under Sections 302, 120(b) and 34 of the I.PC. read with Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 17.11.2021, charge-sheet has been submitted in the case and is a person with clean antecedent and the informant alleges that his son was a tenant in the house of Abodh Paswan, further the landlord called the informant on

Patna High Court CR. MISC. No.3949 of 2022(2) dt.26-05-2022 2/3 06.04.2020 and disclosed that his son has been shot dead, accordingly the informant reached the place of occurrence and came to know that one Rahul Kumar was apprehended with arms who disclosed the name of Bholu Singh and petitioner to have participated in the occurrence.

The learned counsel submits that from perusal of the allegation as alleged in the FIR it would manifest that the name of the petitioner transpired in the confessional statement of Rahul Kumar who has been granted bail by order dated 08.02.2021 in Cr. Misc. No. 37629 of 2020. It is thus submitted that since the accused in whose confession the name of the petitioner transpired has been granted bail, the case of the petitioner stands on a much better footing.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case, is a person with clean antecedent and his name came in the confessional statement of Rahul Kumar who has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.3949 of 2022(2) dt.26-05-2022 3/3 below where the case is pending/successor court in connection with Sadar P.S. Case No. 138 of 2020.

(Satyavrat Verma, J) shahzad/- U T