Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18156 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== Deepak Kumar, Son of Ratan Kumar @ Ratan Yadav, Resident of VillageKaruwaili, P.S.- Kumarkhand, District- Madhepura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr.Chandra Sen Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Kumarkhand P.S. Case No.112 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code. According to the prosecution case, four unknown miscreants on the point of pistol looted away Rs.50,000/- from the informant.
Counsel for the petitioner submits that the petitioner's name has come on the confessional statement of coaccused Jitendra Sah and except this, no incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. Petitioner has made specific averment in the bail petition
Patna High Court CR. MISC. No.18156 of 2021(2) dt.25-10-2021 2/3 that he has no concern with the motorcycle, which has been identified by the informant. Petitioner is in custody since 24.09.2020. He has one criminal antecedents in Kumarkhand P.S. Case No.195 of 2019 in which he is on bail Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Madhepura, in connection with Kumarkhand P.S. Case No.112 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two
Patna High Court CR. MISC. No.18156 of 2021(2) dt.25-10-2021 3/3 consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T