Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36680 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Deepak Kumar, Son Of Bilash Yadav @ Vilash Yadav, Resident Of Village-Chandar, Police Station Sour Bazar, Distt- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sour Bazar P.S. Case No. 224 of 2022 dated 05.05.2022 registered for the offences punishable u/ss 147, 148, 149, 302 and 120B of the Indian Penal Code and u/s 27 of the Arms Act.

As per the prosecution case, the accused persons started indiscriminate firing upon the son of the informant. The petitioner and one Manish Kumar caught the collar of her son. The coaccused Manish Kumar fired on the chest of her son and due to which he succumbed to the injury.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.36680 of 2023(2) dt.07-07-2023 2/2 petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation of firing is against the co-accused Manish Kumar. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 09.02.2023 passed in Cr. Misc. No. 57399 of 2022. The petitioner is accused in five other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Sour Bazar P.S. Case No. 224 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T