Deepak Kamti @ Deepak Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2042 of 2020 Arising Out of PS. Case No.-1 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== DEEPAK KAMTI @ DEEPAK MAHTO Son of - Mukesh Kumar @ Mukesh Kamti Resident of -Ward No. 02, Sakrauli, Meghaul, P.S. - Cheiryabariyarpur, District - Begusarai.
... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Pritish Kumar Lal, Advocate For the Respondent/s :
Mrs. Usha Kumari, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2021 Heard the learned counsel appearing for the appellant and Mrs. Usha Kumari, learned A.P.P. for the State. The appellant seeks regular bail in connection with Khowawandpur P.S. Case No. 01 of 2019 for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The case of the prosecution is regarding the unknown miscreants having shot at the son of the informant resulting in his death.
The learned counsel for the appellant has submitted that the appellant is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the appellant is languishing in custody since
Patna High Court CR. APP (SJ) No.2042 of 2020(2) dt.18-01-2021 2/3 26.11.2019. Lastly, the learned counsel for the appellant has submitted that the appellant has not been named in the FIR and his name has transpired in the present case on account of the confessional statement made by the co-accused person namely Rohit Kumar and the fact is that the said Rohit Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 17.03.2020 passed in Criminal Misc. No. 80328 of 2019.
Per contra, Mrs. Usha Kumari, the learned Special P.P. for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the appellant and taking into account the parity of the case of the appellant with that of the co-accused person, who has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the appellant on regular bail.
Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, The Scheduled Caste & The Scheduled Tribes (Prevention of Atrocities) Act, 1989
Patna High Court CR. APP (SJ) No.2042 of 2020(2) dt.18-01-2021 3/3 Begusarai in connection with Khodawandpur P.S. Case No. 01 of 2019 (G.R. No. 02 of 2019).
(Mohit Kumar Shah, J) S.Sb/- U T