Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31058 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Deepak Kumar S/o Akhilesh Prasad @ Akhilesh Yadav R/o VillageGuhapakar, P.S.- Kalpa, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sherghati (Dobhi) P.S. Case No. 58 of 2024, instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.
3. The prosecution case, in short, is that, truck of the informant went missing from his doorstep. Tracking the GPS, he found it moving towards Tapovan Jethiyan and informed the police, who intercepted it near Islampur. It is further alleged that co-accused persons were arrested from that truck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.31058 of 2025(2) dt.08-05-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused persons, namely, Guddu Kumar and Manish Kumar and the same has got no evidentiary value. Neither any evidence has been found against the petitioner nor any recovery of looted articles have been made from the possession of the petitioner. The petitioner is in custody since 23.11.2024 and has got three criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 25.02.2025 passed in Cr. Misc. No. 10212 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.31058 of 2025(2) dt.08-05-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sherghati (Dobhi) P.S. Case No. 58 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T