Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16698 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- PIRO District- Bhojpur ====================================================== DEEPAK KUMAR Son of Kaleshwar Singh R/V- Pawna, P.S- Pawna DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

As per allegation, some unknown miscreants committed robbery of Rs. 54,000/- and a mobile phone from petrol pump of the informant. They damaged CCTV cameras installed there and fled away.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.16698 of 2023(2) dt.11-05-2023 2/2 statement of co-accused Suraj Kumar @ Dhupa Kumar, which has got no evidentiary value in the eyes of law. No incriminating/looted article has recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 28.04.2023 passed in Cr. Misc. No. 1659 of 2023. He is languishing in judicial custody since 26.08.2022. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara in connection with Piro P.S. Case No. 432 of 2022.

(Sunil Kumar Panwar, J) arish/- U T