Patna High CourtCR. MISC./10228/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-02-26Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10228 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Deepak Kumar, Male, aged about 34 years, S/O- Late Dinesh Rai R/OVillage/Mohalla- Nanhak Chak, P.S.- Bidupur, Dist.- Vaishali, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR , PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 144 of 2023 registered for the offence punishable under Sections 399, 402, 413, 414, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 25(1-b) a, 26 and 35 of the Arms Act.

3. As per FIR, one country made pistol was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that no specific overtact has been attributed against the petitioner and no

Patna High Court CR. MISC. No.10228 of 2024(2) dt.26-02-2024 2/3 incriminating material has been recovered from his possession and petitioner is in custody since 08.03.2023. He next submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 50287 of 2023.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and similarly situated co-accused persons have already been granted bail, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Sessions Trial No. 521 of 2023 arising out of Bidupur P.S. Case No.144 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Vaishali at Hajipur.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.10228 of 2024(2) dt.26-02-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T