Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39245 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Amarjeet Kumar @ Sunil Kumar Son Of Santosh Kumar R/O MohallaMogal Kuan, P.S.- Sohsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39485 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Deepak Kumar S/o- Shiv Balak Prasad R/o Village - Dariyasarai, P.S.- Silao, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40050 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Rakesh Kumar Son of Suresh Prasad Resident of village - Mogalkuwan, P.S.- Sohsarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 39245 of 2022) For the Petitioner/s :
Mr. Bhim Sen Prasad, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP (In CRIMINAL MISCELLANEOUS No. 39485 of 2022) For the Petitioner/s :
Mr. Rajnish Kumar, Advocate For the Opposite Party/s :
Mr. Rajeev Nayan, APP
Patna High Court CR. MISC. No.39245 of 2022(5) dt.24-02-2023 2/3 (In CRIMINAL MISCELLANEOUS No. 40050 of 2022) For the Petitioner/s :
Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-02-2023 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from today.
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 420, 379, 427, 120(B), 411 of the Indian Penal Code.
The prosecution case, in short, is that on 04.03.2022 at about 07:00 P.M. the informant got a call from RO that some incident has taken place in the ATM, Grhpar and thereafter the informant reached there and saw some police staffs in the ATM cabin where Assistant Branch Manager, Jaivardhan was already present and cash castee was scattered and ATM machine was not functioning and front part of ATM vol was broken and Diler of main volt was also broken and Rs. 32,95,500/- was missing from cash castee.
Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that during investigation huge amount has been recovered from the house of
Patna High Court CR. MISC. No.39245 of 2022(5) dt.24-02-2023 3/3 the petitioner namely Amarjeet Kumar as well as from the possession of co-accused persons namely Rakesh Kumar and Deepak Kumar also.
Pursuant to the order dated 24.01.2023, a report was called for with regard to the stage of the trial. The report dated 01.02.2023 reveals that the trial is going on and the prosecution has examined two witnesses and four prosecution witnesses are yet to be examined.
In view of the aforesaid fact that the trial is in advanced stage, I am not inclined to enlarge the petitioners on bail in connection with Bihar P.S. Case No. 143 of 2022 pending in the Court of learned Chief Judicial Magistrate, Nalanda (Biharsharif).
Prayer is refused.
However, the learned Trial court is directed to expedite the trial.
(Rajesh Kumar Verma, J) Ibrar//- U T