Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20773 of 2024 Arising Out of PS. Case No.-270 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== Deepak Kumar Son Of Rajesh Singh @ Rajesh Chauhan R/O-Jakki Bigha, P.S.-dehri (town), Distt.-rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Javed Aslam For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.
3. Prosecution case in short is that the brother of the informant, namely, Anwar Ansari was assaulted by unknown miscreants with sharp edged weapon due to which he succumbed to injuries on the way to hospital.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. The petitioner is not named in FIR rather his name has come on the basis of confessional statement of co-accused before the police
Patna High Court CR. MISC. No.20773 of 2024(3) dt.15-05-2024 2/2 which has got no evidentiary value in the eye of law. Nothing consistent material has come against the petitioner in respect of commission of offence. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 21.02.2023 and 20.03.2024 in Cr. Misc. Nos. 46474 of 2022 and 21997 of 2024 respectively. Moreover, the petitioner is languishing in judicial custody since 25.07.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dehri(Town) P.S. Case No. 270 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 Additional District and Sessions Judge-II, Rohtas at Sasaram.
(Sunil Kumar Panwar, J) Shubham/- U T