Deepak Kumar @ Deepu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15944 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- KOTWALI District- Munger ====================================================== Deepak Kumar @ Deepu S/O- Late Ratan Jha R/O- Village/MohallaBabhangama, P.S.- Muffasil, Dist.- Munger. ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Singh, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kotwari (Purabsarai) P.S. Case No. 351 of 2023 dated 06.08.2023 registered for the offences punishable u/s 302/34, 120(B) of the Indian Penal Code and u/s 27 of the Arms Act, later on 25(1-b)a, 26(i) and 35 of the Arms Act were added.

3. As per the FIR, it is alleged that some unknown miscreants are alleged to have killed the husband of the informant under conspiracy while he was going on his duty.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.15944 of 2024(3) dt.03-05-2024 2/3 this case merely on suspicion. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the confessional statement of co-accused, Indrajeet Kumar. No T.I.P. has been conducted by the prosecution. There is no material against the petitioner to connect him with the alleged occurrence. The other co-accused person has already been granted bail by this Court vide order dated 29.04.2024 passed in Cr. Misc. No. 25849/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Kotwali (Purabsarai) P.S. Case No. 351 of 2023, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.15944 of 2024(3) dt.03-05-2024 3/3 cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T