Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35547 of 2021 Arising Out of PS. Case No.-381 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== DEEPAK KUMAR Son of Babulal Hazari @ Babulal Mishra, Resident of Village - Dumaria Bujurg, P.S. - Parbatta, District - Khagaria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Parbatta P.S. Case No. 381/2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 386, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 08.02.2021, charge-sheet has been submitted in this case.
Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that accused Rajesh Chaudhary alongwith nine named and some unknown persons arrived at the door of the informant and demanded extortion money of Rs.2 lakhs from the
Patna High Court CR. MISC. No.35547 of 2021(2) dt.03-12-2021 2/3 informant. On denial of the informant on 08.10.2020 at about 7.30 pm they came to the house of the informant alongwith other accused persons and abused the father of the informant and sought information about the informant from him. While the informant was returning to his house all accused persons surrounded the informant with intention to kill him. Co-accused, namely, Chhotu Kumar dragged the informant and assaulted with lathi, danda rod and other weapons. The Rajesh Chaudhary fired at the informant due to that informant got bullet injury on his right hand and became unconscious. On hearing the sound of firing villagers arrived then accused persons fled away from there and the informant was brought to the Parbatta, Hospital for treatment from there he was referred to Bhagalpur for better treatment.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is nothing specific allegation against the petitioner, he is not attributed with any overtact and he is simply a member of mob.
Learned APP for the State opposes the bail application.
Considering the facts aforesaid, the petitioner, above
Patna High Court CR. MISC. No.35547 of 2021(2) dt.03-12-2021 3/3 named, is directed to be released on bail on his furnishing bailbonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Khagaria, in connection with Parbatta P.S. Case No. 381/2020; with a condition that one of the bailor shall be the father of the petitioner and the petitioner will have to mark his attendance in the concerned police station in between 25-30th of every month commencing from December, 2021 till the charges are not framed in the case in the event, if the concerned police station reports to the learned Court below that the petitioner has not marked his attendance on any of the dates in between 25-30th of any of the month before framing of the charge, the learned Court below will be at liberty to cancel his bail bonds. Accordingly, this application stands allowed. (Satyavrat Verma, J) amitkumar/- U T