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Patna High CourtCR. MISC./31293/2021bail granted

Deepak Kumar Soni v. The State Of Bihar

2022-02-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31293 of 2021 Arising Out of PS. Case No.-46 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== DEEPAK KUMAR SONI S/O JAGARNATH PRASAD R/o MohallaKatharibag, P.S.- Chapra Town, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rajani Kumari, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Prosecution case in short is that the sister of the informant was killed by the accused persons.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner is the Mama of the deceased

Patna High Court CR. MISC. No.31293 of 2021(2) dt.16-02-2022 2/2 husband and he has no concern with this occurrence and after completing the investigation, police submitted chargesheet under Section 306 of the IPC and the final form was submitted in favour of the petitioner but the court below took cognizance against this petitioner and others. He further submits that similarly situated co-accused persons have already been granted anticipatory bail by Co-ordinate Benches of this Court. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VIII, Saran at Chapra in connection with Chapra Town P.S. Case No. 46 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T