Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4972 of 2022 Arising Out of PS. Case No.-858 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Deepak Kumar, Son of Sri Dashrath Yadav, Resident of Village - Naya Tola Ward no.1, Jorabganj, P.S.- Kodha, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner seeks bail in connection with Madhepura P.S. Case No. 858 of 2020 registered for the alleged offence under Section 379 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons committed theft in the car of the informant and took away Rs. 4 lacs and Laptop. It has been submitted by the learned counsel for the petitioner that the FIR was registered against unknown and the petitioner has been named in this case on the basis of

Patna High Court CR. MISC. No.4972 of 2022(2) dt.09-06-2022 2/3 confessional statement of one Rauki Yadav in Saharsa P.S. Case No.63 of 2021. In the confessional statement made in the aforesaid case, the petitioner has been made accused in twelve other cases in which the petitioner is on bail as mentioned in paragraph 3 of the bail petition. Nothing incriminating has been recovered from the possession of the petitioner. The petitioner is in custody since 07.08.2021.

Learned APP has opposed the prayer for bail, submitting that the name of the petitioner surfaced during investigation in the confessional statement of co-accused. Having regard to the submission made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura/court concerned in connection with Madhepura P.S. Case No.858 of 2020, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative

Patna High Court CR. MISC. No.4972 of 2022(2) dt.09-06-2022 3/3 of the petitioner, preferably one of the parents.

(iii) The petitioner will remain present on each and every date fixed by the court below. (iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T