Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30890 of 2020 Arising Out of PS. Case No.-352 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== Deepak Kumar S/o Vilas Yadav Resident of Village-Chandour, P.S.-Sour Bazar, District-Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 392 of I.P.C. Later on, Section 411 of I.P.C. has been added.

Prosecution case, in short, is that four unknown miscreants on the point of fire arms snatched the bag of the informant containing Rs.41,500/-, owner book, ATM cards, credit card, identity

Patna High Court CR. MISC. No.30890 of 2020(2) dt.24-11-2020 2/2 card and official documents.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.09.2020. Charge has been framed in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in this case on confessional statement of co-accused. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. Rs.14,000/- is said to have been recovered from the house of the petitioner. Same is being claimed by the petitioner. Said Rs.14,000/- has not been put on T.I.P. to ascertain whether the same is looted currency or not. Other co-accused has been granted bail vide Annexure 3 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. case No.352 of 2019. (Sudhir Singh, J) Narendra/- U T