Deepak Kumar @ Deepak Kr Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12220 of 2024 Arising Out of PS. Case No.-374 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DEEPAK KUMAR @ DEEPAK KR SINGH SON OF LATE RAJO SINGH R/O-AMROUR, P.S.-MUFFASIL (SINGHAUL), DISTT.- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar For the Opposite Party/s :
Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 353, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act read with Sections 30(a) and 45 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 131.76 liters of liquor from a lemon orchard.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner.
Patna High Court CR. MISC. No.12220 of 2024(2) dt.04-03-2024 2/3 It is next submitted that he came to be implicated based on secret information which is the easiest way to implicate someone. The learned counsel next submits that though there is allegation of firing against the petitioner but then the same is ornamental as no one was injured. It is next submitted that the petitioner will not abscond rather will co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muffasil P.S. Case No. 374 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite
Patna High Court CR. MISC. No.12220 of 2024(2) dt.04-03-2024 3/3 giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner and to ensure that all coercive steps are taken to put the petitioner behind bars.
(Satyavrat Verma, J) Rishabh/- U T