Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8004 of 2023 Arising Out of PS. Case No.-326 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== DEEPAK KUMAR S/o Ajay Verma R/o Village- Chhabilapur, P.S.- Chhabilapur, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeeb Kumar Sanju For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 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 section 395 of the Indian Penal Code.

The prosecution story, in brief, is that some unknown miscreants entered in the shop of informant for purchasing goods but they taken away 20,000/- Rs. cash along with ornaments on pistol point from his shop and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further

Patna High Court CR. MISC. No.8004 of 2023(2) dt.12-04-2023 2/2 submitted vide para 7 & 9 of the petition that the 18 gram gold dust rapped in paper was seized by the police but the petitioner is in trade of gold and silver ornament at Chabbilapur market hence, it cannot be proved that he was also involved in any manner in the alleged occurrence. The name of the petitioner has been transpired in this case on the basis of confession made by co-accused namely, Mukesh Kumar. It is further submitted that the petitioner is languishing in judicial custody since 2.12.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 326 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T