Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31398 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- NALANDA District- Nalanda ====================================================== 1.

DEEPAK KUMAR Son of Girani Paswan Resident of Village- Dullachak, P.S.- Nalanda, District- Nalanda.

2.

Tulsi Paswan @ Tulsi Kumar Son of Rambalak Paswan Resident of VillageDullachak, P.S.- Nalanda, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nalanda P.S. Case No. 14 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code. Four unknown miscreants are said to have looted the mobile, cash, ornaments, etc. of the informant on the way blocking the road on the point of pistol. Co- accused Ravi Paswan and Dhanraj have disclosed the name of the petitioners as their associates in the occurrence.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have no concern with the aforesaid occurrence. They have been

Patna High Court CR. MISC. No.31398 of 2019(2) dt.10-05-2019 2/2 falsely implicated in this case. No incriminating article has been recovered from their conscious physical possession. Petitioners are not named in the F.I.R.. There is nothing on record indicating the complicity of the petitioners in the occurrence barring the confessional statement of the co-accused Ravi Paswan and Dhanraj due to animosity. Petitioners have no criminal antecedent. Co-accused Ravi Paswan has been enlarged on bail by the learned Court below.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalandan at Biharsharif, in connection with Nalanda P.S. Case No.14 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) T.Kr./- U T