Deepak Ram @ Deepak Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25666 of 2019 Arising Out of PS. Case No.-1200 Year-2018 Thana- BIHTA District- Patna ====================================================== DEEPAK RAM @ DEEPAK RAJ, aged 20 years, Male, Son of Mahesh Ram, Resident of Village-Bakhariya, P.S-Ara District-Bhojpur At present Resident of Muhalla-Shiv Shakti Nagar, Samasthu Sthan, Mushahari, P.S-Bihita, District-Patna ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajani Ranjan Pd. Singh, Adv.
For the Opposite Party :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 23-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Bihta P.S. Case No. 1200 of 2018 for the offences alleged under Sections 457, 380, 511 and 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he was sleeping in his house, he heard some noise on the terrace and when he along with his brother and mother went to search, he found three persons who had jumped from the terrace, but, were apprehended, petitioner being one of them. It is, further, alleged that ten days back a theft was committed in the house of the informant for which Bihta P.S. Case No. 1157 of 2018 has been lodged and it is alleged that the petitioner along with his two associates must have committed the said theft.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that he is languishing in judicial custody since 22.10.2018, charge sheet having been submitted
Patna High Court CR. MISC. No.25666 of 2019(2) dt.23-04-2019 2/2 and two of the co-accused, who were along with the petitioner, have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 6128 of 2019, dated 05.02.2019. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the nature of allegations and that charge sheet has been submitted coupled with the fact that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bihta P.S. Case No. 1200 of 2018 to the satisfaction of the learned Additional Chief Judicial Magistrate, I, Danapur, Patna, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T