Deepak Sao @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26989 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- KALER District- Jehanabad ====================================================== Deepak Sao @ Deepak Kumar Son Of Bihari Sao Resident Of Village - Hathyara, P.S. - Deokund, Distt. - Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 34 of the Indian Penal Code.

As per FIR, the allegation against the unknown miscreants is that they came and on pistol point snatched the motorcycle of the informant and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Sarvesh Dwivedi. Neither the petitioner is named in the FIR nor he

Patna High Court CR. MISC. No.26989 of 2023(2) dt.24-05-2023 2/2 was put on TIP. He has got no criminal antecedent. It is further submitted that looted motorcycle is not recovered from the possession of the petitioner rather it was recovered from co-accused Sarvesh Dwivedi. The petitioner is languishing in judicial custody since 19.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kaler P.S. Case No. 102 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal.

(Sunil Kumar Panwar, J) Manishkumar/- U T