Deepak Mishra @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37144 of 2024 Arising Out of PS. Case No.-61 Year-23 Thana- PARSABAZAR District- Patna ====================================================== Deepak Mishra @ Deepak Kumar SON OF LATE MAKAI NAT @ RAMBHU MISHRA R/O VILLAGE- YADAV CHAK (NATTHUPUR), PARSA BAZAR, P.S.- PARSA, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Parsa Bazar P.S. Case No. 61 of 2023, registered for the offences punishable under Sections 147, 149, 341, 323, 307, 452, 379, 504 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was also added.

3. As per prosecution case, the FIR has been lodged against 8 named accused persons including the present petitioner. Initially, the case was not registered under Section 302 of the Indian Penal Code but, subsequently after death of the informant Section 302 of the IPC was added.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.37144 of 2024(3) dt.08-07-2024 2/3 the petitioner is innocent and has falsely been implicated. He further submits that from the fard-beyan it transpires that the case has been lodged in two phases. The first phase of incident took place on 1.1.2023 and the second phase of incident took place on 02.01.2023. It it alleged against the petitioner and other co-accused persons that they assaulted the brother of the informant with an iron rod, as a result of which, the brother of the informant got injured and in course of treatment, he succumbed to the injuries. He has further submitted that the case of the petitioner is exactly similar to co-accused Sanni Kumar who has been granted bail by a coordinate Bench of this Court. The petitioner is under custody since 17.07.2023.

5. On the other hand, learned APP has opposed the prayer for bail by submitting that there is specific allegation against the petitioner to assault the informant with an iron rod.

6. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail after six months from today, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-16, Patna in connection with Parsa Bazar P.S. Case No. 61 of 2023, subject to the following condition:-

Patna High Court CR. MISC. No.37144 of 2024(3) dt.08-07-2024 3/3 The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) SONALI/- U T