Deepak Bhagat @ Deepak Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45593 of 2024 Arising Out of PS. Case No.-578 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Deepak Bhagat @ Deepak Kumar Bhagat Son of Manorath Bhagat R/O Vill.- Susta, P.S.- Sadar, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested two of them. On search, some country made pistols along with mobile phones were recovered from coaccused and this petitioner is said to have fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.45593 of 2024(2) dt.02-07-2024 2/2 falsely been implicated in this case on the basis of disclosure made by co-accused persons. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 25.4.2023. Moreover, other co-accused Aman Kumar has been enlarged on bail by this Court vide order dated 15.1.2024 passed in Cr. Misc. No. 84939 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedents.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kudhani (Turki OP) P.S. Case No. 578 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st (West) Muzffarpur. (Sunil Kumar Panwar, J) amandeep/- U T