Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21797 of 2020 Arising Out of PS. Case No.-58 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== DEEPAK KUMAR Son of Lal Babu Sahni Resident of Village- Salimpur, P.S.- Minapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh For the Opposite Party/s :
Mr.Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 356 and 379 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons snatched a bag full of mobile phone of the informant and also looted cash amount of Rs. 30,000/-.
It has been submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.21797 of 2020(2) dt.07-07-2020 2/2 petitioner is in custody since 27.8.2019. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Arjun Kumar @ Radhey. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned A.C.J.M. -cum- S.J. 9th Muzaffarpur in connection with Siwaipatti P.S. Case No. 58/19.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case. (Sudhir Singh, J) Pankaj/- U T