Deepak Kumar Sharma @ Banty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28831 of 2023 Arising Out of PS. Case No.-660 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== DEEPAK KUMAR SHARMA @ BANTY SON OF LATE PRADUMAN SHARMA R/O-GANUWA, P.S.-DARIHAT, DISTT.-ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Adv.

For the Opposite Party/s :

Mr. Anil Kumar ., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 660 of 2022 dated 24.11.2022 registered for the offence under Sections 392 of the Indian Penal Code.

The case relates of commission of loot of golden chain from the possession of the informant.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case during eh

Patna High Court CR. MISC. No.28831 of 2023(2) dt.24-05-2023 2/3 course of investigation on the basis of self confessional statement of the petitioner recorded in connection with Nasriganj P.S. Case No. 236 of 2022. He further submits that nothing has been recovered from the conscious possession of the petitioner. Save and except the self confessional statement of the petitioner, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 21.02.2023. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail 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, Aurgangabad in connection with Daudnagar P.S. Case No. 660 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.28831 of 2023(2) dt.24-05-2023 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T