Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30484 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DEEPAK KUMAR S/O ANIL PODDAR R/O LOHIYA NAGAR, WARD NO 28, PS TOWN (LOHIYA NAGAR O.P), DISTRICT-BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Adv.

Mr. Braj Bhushan Poddar, Adv For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2021 Heard Mr. Amrendra Kumar, learned counsel for the petitioner and Mr. Zainul Abedin, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Begusarai Town, Lohiya Nagar PS Case No. 45/2021 registered for the offence punishable under Sections 115/120(B) (i)/34 of the IPC.

The allegation, as per First Information Report, is that one Sonu Kumar, holder of Mobile No. 8757229639 had called a person who was in judicial custody in jail on his Mobile No. 9572062252 and they were planning to kill some body. Learned counsel for the petitioner submits that from perusal of the First Information Report, it would be evident that petitioner is not the owner of the mobile phone from which the

Patna High Court CR. MISC. No.30484 of 2021(2) dt.09-12-2021 2/2 call was made for hatching a conspiracy for killing someone and the name of the petitioner has transpired on the basis of statement made by brother of the petitioner who happens to be the owner of the mobile saying that the mobile in question was being used by the petitioner.

Learned counsel further submits that petitioner has got no criminal antecedents and he is in custody since 17.01.2021.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedents, he is in custody since 17.01.2021 and charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, DEEPAK KUMAR 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, Begusarai in connection with Begusarai Town, Lohiya Nagar PS Case No. 45/2021.

(Anil Kumar Sinha, J) perwez U T