Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30808 of 2023 Arising Out of PS. Case No.-197 Year-2021 Thana- DHARHARA District- Munger ====================================================== DEEPAK KUMAR, Son of Late Munilal Mandal Resident of Village - Matadih, P.S.- Dharhara, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Mr. Jyoti Ranjan Jha, Advocate :

Mr. Kumar Rajdeep, Advocate :

Mr. Diksha Kumari, Advocate For the Opposite Party/s :

Ms. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with S.T. No. 56 of 2022 arising out of Dharhara P.S. Case No. 197 of 2021 for the offence registered under Sections 302/34 of the I.P.C.

As per prosecution case, the son of the informant was killed by slitting his throat due to previous enmity with Vikash Tanti while he was sleeping in the godown by some unknown miscreants.

Learned counsel for the petitioner submits that the FIR has been lodged against co-accused Vikash Tanti and other

Patna High Court CR. MISC. No.30808 of 2023(2) dt.15-06-2023 2/2 unknown miscreants and the name of the petitioner came in light on the basis of confessional statement of co-accused namely Vikash Tanti. There is no material against the petitioner. The trial of the case has already been started. He further submits that similarly situated co-accused namely Nitish Kumar and Vikash Tanti have already been granted regular bail vide order dated 18.08.2022 and 19.10.2022 passed in Cr. Misc. No. 15418 of 2022 and 14038 of 2022 respectively. Petitioner is in jail custody since 17.10.2021 having no criminal antecedent. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, named above, be enlarged 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 Additional Sessions Judge - VII, Munger in S.Tr. No. 56 of 2022 arising out of Dharhara P.S. Case No. 197 of 2021.