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Patna High CourtCR. MISC./40033/2025bail granted

Dipak Kumar @ Deepak Kamat @ Deepak Kumar v. The State Of Bihar

2025-06-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40033 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Dipak Kumar @ Deepak Kamat @ Deepak Kumar S/O Late Garib Das@ Grib Das @ Gajendra Kamat R/O Vill- Kahara, Ward no.- 24/42, PS- Saharsa Sadar, Dist- Saharasa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Adv.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected vide order dated 20.09.2024 passed in Cr. Misc. No. 68886 of 2024.

3. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 72 of 2024, registered under Sections 341, 323, 326, 307, 379, 384, 386, 504, 506 and 34 of the Indian Penal Code..

4. The prosecution case, in short, is that, on the alleged date of occurrence the petitioner along with other coaccused persons demanded ransom of Rs. 5,00,000/- and on non-fulfillment of their demand they started assaulting the

Patna High Court CR. MISC. No.40033 of 2025(2) dt.27-06-2025 2/3 informant and his friends by means of lathi, danda, sword, axe, knife and pistol.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that there is no specific overt act alleged against the petitioner. The petitioner has got one criminal antecedent in which he is on bail. The petitioner is in custody since 21.11.2024. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 20.05.2024 passed in Cr. Misc. No. 35601 of 2024 and order dated 05.07.2024 passed in Cr. Misc. No. 34723 of 2024.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

7. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released 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 Court

Patna High Court CR. MISC. No.40033 of 2025(2) dt.27-06-2025 3/3 below/concerned Court in connection with Saharsa Sadar P.S. Case No. 72 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T