Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18908 of 2023 Arising Out of PS. Case No.-362 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Deepak Kumar S/O Sunil Ray Resident Of Village- Ramaee Tol, P.SChakmehsi, Distt.- Samastipur. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.
The prosecution case in nutshell is that 3 miscreants on motorcycle snatched the bag from informant containing Rs. 1,76,738/-, HDD Tab and documents, while he was going to the branch of Ujjiwan Small Finance after collecting E.M.I.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.18908 of 2023(2) dt.18-05-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. It is stated in para 8 of the petition that recovered Rs. 22,000/- and a tab which is alleged to be looted, recovered from the house of petitioner is his own hard earned. The name of petitioner sprang up in this case on confessional statement of co-accused Priyam Kumar @ Chaman. Moreover, the petitioner is languishing in judicial custody since 17.11.2022. Moreover, similarly situated co-accused person, namely Ramesh Sahni @ Ramesh Kumar has been granted bail vide order dated 01.05.2023, passed in Cr. Misc. No. 6787 of 2023 by this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,
Patna High Court CR. MISC. No.18908 of 2023(2) dt.18-05-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kalyanpur P.S. Case No. 362 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Samastipur.
(Sunil Kumar Panwar, J) Nirajkrs/- U T