Deepak Kumar @ Chotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8778 of 2023 Arising Out of PS. Case No.-690 Year-2022 Thana- NAWADA District- Nawada ====================================================== Deepak Kumar @ Chotu Son Of Sri Birendra Singh @ Dhirendra Singh @ Rajendra Singh R/O Mohalla- Garhpar, At P.S- And Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Kumar Mr. Alok Kr. Sinha, Sr. Adv For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120B and 34 of the Indian Penal Code.
Prosecution case in short is that the informant's father was missing from his camp and when he wanted to contact him on his mobile phone, the same was not responding. Thereafter the informant received information that the dead body of his father was lying in the water canal near Nawada Mandal Kara.
Patna High Court CR. MISC. No.8778 of 2023(3) dt.07-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity. The petitioner is not named in FIR rather his name came into light in this case on the basis his self confessional statement. It is further submitted that there is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is also submitted that similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 05.05.2023. in Cr. Misc. No. 4866 of 2023. Moreover, the petitioner is languishing in judicial custody since 15.07.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Town P.S. Case No. 690 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8778 of 2023(3) dt.07-07-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Nawada. (Sunil Kumar Panwar, J) shubham/- U T