Patna High CourtCR. MISC./30677/2024bail rejected

Deepak Kumar @ Deepak Yadav @ Dipak Kr. Yadav v. The State Of Bihar

2024-04-25Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30677 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Deepak Kumar @ Deepak Yadav @ Dipak Kr. Yadav Son of Late Dilip Yadav Resident of Vill.- Shyambag, Ward No.- 14, Sultanganj, P.S.- Sultanganj, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 964 of 2023 arising out of Sultanganj P.S Case No. 330 of 2023 from the Court of learned Additional Sessions Judge-II, Bhagalpur registered for the offences punishable under Sections 302/34 of the I.P.C and Section 27 of the Arms Act.

3. As per prosecution case, it is alleged that petitioner and the co-accused person have killed the deceased by means of firearm.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30677 of 2024(2) dt.25-04-2024 2/2 petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 25.08.2023 and petitioner has got one criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation, FIR, impugned order it appears that there is specific allegation against the petitioner to fired on the deceased with a intention to kill, cause of death due to firearm injury, moreover, petitioner is named in FIR, so considering all aspects of this case this Court is not inclined to grant bail to the petitioner.

7. Hence, prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T