Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36474 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

DEEPAK KUMAR SON OF SUDAMA GUPTA RESIDENT OF VILLAGE- MANSOORCHAK, P.S.- MANSOORCHAK, DISTRICTBEGUSARAI 2.

ANKIT KUMAR SON OF RAMJAPU RAI @ RAM JAPO RAY RESIDENT OF AHIYAPUR, P.S.- MANSOORCHAK, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Section 414 of the Indian Penal Code read with Section 25(1-b)a/26/35 of the Arms Act in connection with Mansoorchak P.S. Case No. 39 of 2022. As per the prosecution story, the informant has alleged that upon secret information, a raid was carried out and the four persons were apprehended of which so far as these petitioners are concerned, it is alleged that two mobile phones were recovered.

Patna High Court CR. MISC. No.36474 of 2022(2) dt.20-09-2022 2/3 Learned counsel for the petitioners submit that they were not the stolen mobiles rather the same were owned by them and he has in support of the same attached Annexure-2 series (purchase receipt). It is his further submission that the petitioners are in custody since 30.4.2022 and have no criminal antecedent.

Taking into account the fact that the recovery is of two mobile phones and the petitioners have come forward with the sale receipt, are in custody since 30.4.2022 and charge-sheet stands submitted as also they have no criminal antecedent, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai, in connection with Mansoorchak P.S. Case No. 39 of 2022 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.36474 of 2022(2) dt.20-09-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T