Deepak Koeri @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21257 of 2020 Arising Out of PS. Case No.-70 Year-2019 Thana- KORANSARAI District- Buxar ====================================================== DEEPAK KOERI @ DEEPAK KUMAR Son of Dudhnath Singh @ Dhudhnath Koeri Resident of Village- Bijhaura, P.S.- Itarhi, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Jitendra Kumar Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Koran Sarai P.S. Case No. 70 of 2019 for the offence punishable under Section 392 of the Indian Penal Code.

The case of the prosecution in brief is that while the informant, along with one another person was returning to Grahak Sewa Kendra, Chaugai from S.B.I., Koran Sarai Branch, after withdrawing a sum of Rs. 2,27,000/-, two unknown

Patna High Court CR. MISC. No.21257 of 2020(2) dt.30-06-2020 2/3 miscreants had pushed them, snatched the aforesaid sum of money and mobile phone whereafter the said miscreants had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 15.02.2020. It is further submitted that the petitioner is not named in the F.I.R., no incriminating articles have been recovered from his possession and the petitioner has not been put on Test Identification Parade till date, although he is languishing in custody since 15.02.2020. It is further submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 05.06.2020 passed in Criminal Misc. No. 17953 of 2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused person, who has already been granted bail by a coordinate Bench of this Court apart from the fact that neither any Test Identification Parade has been

Patna High Court CR. MISC. No.21257 of 2020(2) dt.30-06-2020 3/3 held to connect the petitioner with the alleged crime nor any incriminating article has been recovered from the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to 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 Judicial Magistrate-1st Court-II, Buxar in connection with Koran Sarai P.S. Case No. 70 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T