Deepak Kumar @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16972 of 2025 Arising Out of PS. Case No.-31 Year-2024 Thana- MOHANPUR District- Jamui ====================================================== Deepak Kumar @ Dipak Kumar S/o- Madan Yadav Yadav Vil.- Rampur, P.S. - Laxmipur, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-109, 3(5) and 103(1) of B.N.S. and 27 of the Arms Act.

3. The informant, Sarita Devi made allegation that Sanjay Yadav and Manoj Yadav had committed murder of the deceased and reason behind the occurrence is that her husband had sold a piece of land to Sanjay Yadav and Manoj Yadav but the land which was shown to the accused Sanjay and Manoj was not in the sale deed rather another land was sold to the coaccused persons.

4. Learned Senior counsel for the petitioner has

Patna High Court CR. MISC. No.16972 of 2025(3) dt.12-05-2025 2/3 submitted that the named accused persons, Sanjay Yadav and Manoj Yadav have been exonerated during investigation and the informant herself was made an accused. On the basis of her confessional statement, the present petitioner has been implicated in the present case. Except the confessional statement and CDR, there is nothing against the petitioner. Learned counsel for the petitioner has submitted that the petitioner is not related with Sarita Devi rather he is cousin brother-in-law of her nephew, Mithilesh. It has further been submitted that the petitioner is a person of clean antecedent and he is in custody since 05-01-2025.

5. On the otherhand, Mr. J. N. Thakur, learned Additional Public Prosecutor has opposed the prayer for bail.

6. The name of the petitioner has figured in confessional statement of co-accused. Nothing incriminating has been recovered from possession of the petitioner. He is not even relative of Sarita Devi. He is in custody since 05-01-2025.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Chief Judicial Magistrate, Jamui in connection with Mohanpur P.S. Case No.

Patna High Court CR. MISC. No.16972 of 2025(3) dt.12-05-2025 3/3 31 of 2024 with condition that the petitioner will appear in the court below on each and every date fixed by the trial court till framing of charge.

(Nawneet Kumar Pandey, J) A.K.V.//- U T