Dipak Kumar Suretabh @ Deepak Kumar Shuretab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3531 of 2025 Arising Out of PS. Case No.-163 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Dipak Kumar Suretabh @ Deepak Kumar Shuretab Resident of Ranvijay Yadav Resident of Village- Manipur, P.S.- Fulkaha, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Narayan, Sr. Adv.
Mr. Md Musowir, Adv.
For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-09-2025 Heard the parties.
2. The petitioner seeks bail in connection with Katihar Muffasil P.S. Case No. 163 of 2024 registered for the offence under Sections 103(i), 3(5) of BNSS. And Section 27 of Arms Act.
3. The petitioner is not named in the F.I.R. and is in custody since 09.08.2024.
4. As per FIR, the husband of informant namely, Manish Thakur @ Manish Kumar has gone outside with his friend namely, Raushan Jha and Suraj Kumar on 21.07.2024, whereafter sometime one Kritlal informed to the informant namely, Archana Bharti that her husband has been killed. The
Patna High Court CR. MISC. No.3531 of 2025(8) dt.02-09-2025 2/3 occurrence was also reported by Raushan Jha to informant.
5. Mr. Rajendra Narayan, learned senior counsel while arguing for petitioner submitted that the name of petitioner transpired on the basis of confessional statement made by coaccused namely, Saurabh Kumar, who was granted bail by learned court trial court itself. It is pointed out that in furtherance of said confessional statement nothing incriminating transpired/ surfaced during investigation which may connect petitioner prima-facie with present occurrence of murder. It is also pointed out that two person who informed about the occurrence to the informant namely, Raushan Jha and Kritlal not even disclosed the name of this petitioner. It is further submitted by Mr.
Narayan that even the photographs captured from the CCTV footage was identified as pillion rider with coaccused petitioner was shown is not suggesting anything incriminating as to connect petitioner prima-facie with crime in questions. It is also submitted that one of the co-accused Karan Kumar whose name also transpired on the basis of confessional statement of Saurabh Kumar was granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 87617 of 2024 dated 08.05.2025.
Patna High Court CR. MISC. No.3531 of 2025(8) dt.02-09-2025 3/3 argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is already completed, as such, there is no chance of tampering with the evidence.
6. Learned APP, opposed the prayer of bail.
7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused nothing incriminating appears surfaced prima-facie against this petitioner connecting him with present crime in question, coupled with fact that investigation already completed where petitioner remains in custody since 09.08.2024, accordingly petitioner above named, is directed to be released on bail in connection with Katihar Muffasil P.S. Case No. 163 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T