Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9653 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== DEEPAK KUMAR Son of Jugeshwar Yadav Resident of Village - Madhopur, P.S.- Bakhtiyarpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code.

According to prosecution case, the petitioner along with other co-accused namely, Dhanesh Kumar were caught on the spot by the security guards, while they were removing and keeping the stolen articles in a field.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Nothing has been recovered from the conscious possession or the house of the petitioner rather the recovery has been made from the place of occurrence. He

Patna High Court CR. MISC. No.9653 of 2023(2) dt.03-05-2023 2/2 submitted that in view of the seizure list, no cause is made out against the petitioner under Sections 379 and 411 of the IPC and the police after investigation submitted the charge sheet against the petitioner. The other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 28.03.2023 passed in Cr. Misc. No. 69733 of 2022 and case of this petitioner stands on similar footing. He is languishing in judicial custody since 04.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Barh (Patna) in connection with Bakhtiyarpur P.S. Case No. 413 of 2022.

(Sunil Kumar Panwar, J) arish/- U T