Deepak Kumar @ Gai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36679 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- AGAMKUAN District- Patna ====================================================== Deepak Kumar @ Gai Son of Vijay Prasad @ Bijay Prasad Village - Bajitpur PS -Barh District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Agamkuan P.S. Case No. 302 of 2024 instituted for the offence under Sections 341, 323, 324, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The informant alleges that he was a renter in the house of one Arvind Singh, where other tenants also reside. Three months ago, one of the tenants came in inebriated condition and started abusing and assaulting him, whereupon the informant made a complaint to the owner of the house. On 07-04-2024, six unknown persons came at the room of the informant, out of whom one of the persons fired upon him,

Patna High Court CR. MISC. No.36679 of 2025(2) dt.17-06-2025 2/3 which hit on the head of the cousin of the informant resulting into grievous injury. On hulla, all the six accused persons fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-09-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR and name of the petitioner has transpired in this case on the basis of confessional statement of co-accused and the same has no evidentiary value in the eye of law. Learned counsel for the petitioner submits that even as per the FIR, there is no specific allegation of firing against the petitioner. Other similarly situated co-accused person has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 25-04-2025, passed in Cr. Misc. No. 16567 of 2025. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.36679 of 2025(2) dt.17-06-2025 3/3 of the case, period of custody of the petitioner, charge sheet being submitted and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Agamkuan P.S. Case No. 302 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T