Deepak Kumar @ Putki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32896 of 2024 Arising Out of PS. Case No.-474 Year-2022 Thana- RUPASPUR District- Patna ====================================================== Deepak Kumar @ Putki S/o Late Raju Choudhary R/o Village Loha Ka pool Patna City PS Mehandiganj Dist Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kailash Prasad Swarnkar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Rupaspur P.S. Case No. 474 of 2022 registered for an offence punishable under Sections 457 and 380 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of stolen some cash and ATM Card by the accused persons from the flat of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is not named in the FIR and his name surfaced from the confessional statement of co-accused and no test identification parade has been held till today. Petitioner is in custody. He next submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court

Patna High Court CR. MISC. No.32896 of 2024(3) dt.21-06-2024 2/2 passed in Cr. Misc. No. 12060 of 2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Under the aforesaid facts and circumstances, let the above named petitioner be released on bail after framing of the chargesheet on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ajay Kumar, Judicial Magistrate-Ist Class, Danapur, Patna/concerned Court in connection with Rupaspur P.S. Case No. 474 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T