Patna High CourtCR. MISC./42718/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-06-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42718 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- KARPI District- Jehanabad ====================================================== Deepak Kumar Son of Amresh Singh R/O Vill.- Anand Bag, P.S.- Karpi, Dist.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Karpi P.S. Case No. 85 of 2024 dated 20.03.2024 registered for the offences punishable u/ss 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, when the informant's brother proceeded to his house from his shop and he reached near Dharmkanta then some miscreants fired on him due to which he sustained injury. Thereafter, the injured was taken to hospital where the doctor declared him dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused, Guddu Kumar and Sudhir Kumar. Nothing has been

Patna High Court CR. MISC. No.42718 of 2024(2) dt.26-06-2024 2/2 recovered from the conscious possession of the petitioner. It is further submitted that there is no eye witness to the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Arwal in connection with Karpi P.S. Case No. 85 of 2024 with the condition ;- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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