Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33659 of 2025 Arising Out of PS. Case No.-561 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Deepak Kumar S/o Jawahar Yadav R/o Village- Nimiyatand, P.S.- Barachatty, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Adv For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case No. 561 of 2024 registered for the offences punishable u/s 111 and 317(4) of the B.N.S.
3. As per the prosecution case, on getting confidential information, the police conducted a raid at the repair shop of the co-accused Dilchand and Rajesh and saw that two motorcycles were standing at the shop. On being asked, both the co-accused persons were unable to produce the relevant documents for the motorcycles and they disclosed that the named accused persons namely, Rohit, Vikash, Vicky and Ravi were the persons who supplied them the motorcycles. They further disclosed that
Patna High Court CR. MISC. No.33659 of 2025(2) dt.28-05-2025 2/3 Deepak Kumar (petitioner) used to purchase the motorcycle. Thereafter, the police went to the house of the petitioner and recovered the motorcycle and accordingly, the FIR has been lodged, as the petitioner did not produce the paper relating to the recovered motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner himself is a victim of such crime as he had purchased the said motorcycle on bonafide billing and the same was being sold by the co-accused Dilchand and Rajesh and despite asking for the documents regarding the said motorcycle they were not handing over to him. It is lastly submitted that the petitioner has no criminal antecedents and is in custody since 28.12.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner has clean criminal antecedent and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.33659 of 2025(2) dt.28-05-2025 3/3 learned Court concerned, Gaya, in connection with Barachatti P.S. Case No. 561 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T