Patna High CourtCR. MISC./26033/2023bail granted

Deepak Sonar @ Deepak Kumar v. The State Of Bihar

2023-05-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26033 of 2023 Arising Out of PS. Case No.-426 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Deepak Sonar @ Deepak Kumar Son Of Sri Arun Prasad R/O MohallaPawai, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 533 of 2019 arising out of Kotwali P.S. Case No. 426 of 2018 dated 05.09.2018 registered for the offence punishable u/s 302 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the informant's daughter was shot dead by unknown miscreants while she was going to her rented house after closing her shop.

Patna High Court CR. MISC. No.26033 of 2023(2) dt.24-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up during the course of investigation. The other co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 09.11.2020 passed in Cr. Misc. No. 20573 of 2020. The petitioner is accused in 12 other criminal cases out of which one case is related to murder and he is on bail in the 8 aforesaid cases stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2019.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the tower location of the petitioner's mobile was found at the place of occurrence.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Sessions Trial No. 533 of 2019 arising out of Kotwali P.S. Case No. 426 of 2018, with the

Patna High Court CR. MISC. No.26033 of 2023(2) dt.24-05-2023 3/3 conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

3. If the petitioner is found involved in any criminal case related to murder in future, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T