Deepu Kumar @ Deepu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54632 of 2021 Arising Out of PS. Case No.-492 Year-2021 Thana- NAGAR District- Vaishali ====================================================== DEEPU KUMAR @ DEEPU RAM SON OF RAJ KUMAR RAM PERMANENT ADDRESS- VILLAGE- MURAUBATPUR DURGA ASTHAN P.S. DESARI, DISTRICT- VAISHALI (HAJIPUR) AT PRESENT ADDRESS- FRONT OF VAISHALI MAHILA COLLEGE HAJIPUR, P.S. HAJIPUR TOWN DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachchidanand Choudhary For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Hajipur Town P.S. Case No. 492 of 2021 registered for the offences punishable under Sections 461, 380 of the IPC.

The prosecution case, in short, is that after breaking the wall of the shop of informant, petitioner along with other accused committed theft in his shop.

Patna High Court CR. MISC. No.54632 of 2021(2) dt.21-01-2022 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. It is further submitted that only on the basis of suspicion, name of the petitioner has been dragged in this case. Learned counsel further submits that during investigation not a single witness has named the petitioner. In fact, nothing has been recovered from conscious possession of the petitioner and petitioner is in custody since 29.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 492 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two

Patna High Court CR. MISC. No.54632 of 2021(2) dt.21-01-2022 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T