Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34296 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Deepak Kumar S/o Late Ram Udgar Singh R/o Vill- Rahatpur, P.S.- Ballia, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ballia P.S. Case No. 244 of 2024 registered for the offences punishable under Sections 329, 118(A), 115(2), 308(2), 303(2), 352, 351(2) and 351(3) of the Bhartiya Nyay Sanhita 2023.

3. As per the prosecution story, the informant has alleged that on 27.07.2024, at about 07:00 AM when they were feeding their Buffaloes, meanwhile, all the F.I.R. named accused persons came there armed variously, and started demanding Rs. 1,00,000/- as extortion in lieu of selling huge quantity of milk. When they denied for the same all the accused persons assaulted brutally to the informant as well as his family members.

Patna High Court CR. MISC. No.34296 of 2025(2) dt.29-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity and dirty village politics. Nothing has happened as alleged in the F.I.R. The whole prosecution story is false and fabricated and concocted. The allegations as brought in the F.I.R. appears to be general in nature and omnibus. Learned counsel further submits that other co-accused persons namely Subodh Singh and Sambhu Singh have been granted by the Court below vide order dated 15.04.2025 vide ABA No. 649 of 2025. There is admitted land dispute between the parties prior to the alleged occurrence.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. As per impugned order, petitioner assaulted the informant by the butt of pistol on his head and informant's brother on his left leg. There is case and counter case between both the parties.

7. Keeping in view the aforesaid facts and considering the period under custody, 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 learned Judicial Magistrate-1st Class, Begusrai in

Patna High Court CR. MISC. No.34296 of 2025(2) dt.29-05-2025 3/3 connection with Ballia P.S. Case No. 244 of 2024 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T