Deewana Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41995 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DEEWANA KUMAR Son of Doman Rai Resident of Ayodhya Warhi, P.S. - Mufassi (Lakho O.P.), District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Daya Shankar Prasad Sinha, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2022 Heard.

The petitioner seeks regular bail in connection with Nagar P.S. Case No. 155 of 2021, registered for the offence punishable under Section 394 of the Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the bolero pick up vehicle being driven by the informant and thereafter, the informant is stated to have been assaulted by the unknown miscreants and was thrown out of the vehicle, whereafter the miscreants had fled away with the vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 12.03.2021. The learned counsel for the petitioner has further submitted that no Test identification parade has been conducted so far as to connect the petitioner with

Patna High Court CR. MISC. No.41995 of 2021(2) dt.04-01-2022 2/2 the alleged crime and no recovery has been made from the petitioner.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither any test identification parade has been held so as to connect the petitioner with the alleged crime nor any recovery has been made from the petitioner apart from the fact that the petitioner is having a clean antecedent, I deem fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Nagar P.S. Case No. 155 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T