Deepak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46910 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== DEEPAK KUMAR SINGH, Sex-M, age about 35 years, S/o Ramswarth Singh, Resident of Village-Rampurdih, P.S.-Vishnpur, Dist-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Andhramath P.S. Case No. 69 of 2023 dated 07.05.2023 registered for the offence(s) punishable under Section(s) 392, 411/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the alleged occurrence mentioned in the FIR is totally false, in fact in between the petitioner and the police a scuffle took place, owing to that reason the police prepared a false case against this petitioner and others and as per the prosecution the petitioner is stated to have been arrested at the spot but from his possession, any incriminating material was not recovered and only Rs.2,000/-, vehicle's registration book and mobile phone are stated to have

Patna High Court CR. MISC. No.46910 of 2023(2) dt.01-08-2023 2/2 been recovered from his possession and the same were not related to the commission of the alleged occurrence of loot and petitioner has been languishing in jail since 08.05.2023 and against him, the investigation has been completed. Further submission is that though against the petitioner there are criminal antecedents of two cases but the said cases were lodged under the Excise Act and Arms Act in which petitioner has got bail.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly taking into account the circumstances pointed out by the petitioner's counsel which go in petitioner's favour, this court is inclined to accept his bail prayer. Accordingly, let the petitioner named-above be enlarged on bail in connection with Andhramath P.S. Case No. 69 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T