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Patna High CourtCR. MISC./47560/2022bail granted

Deepak Kumar v. The State Of Bihar

2022-12-09Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47560 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- BARUN District- Aurangabad ====================================================== DEEPAK KUMAR S/o Mahendra Singh Resident of Village- Bhpatpur, P.S.- Barun, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned senior counsel for the petitioner as well as learned APP for the State. In this case, the petitioner is seeking regular bail in connection with Barun P.S. Case No. 143 of 2021, registered for the offences punishable under Sections 307, 379, 354, 341, 323, 448, 324, 504, 147, 148, 149 of I.P.C. and later on Section 302 was added.

As per allegation, nine accused persons including the petitioner are said to have assaulted the

Patna High Court CR. MISC. No.47560 of 2022(2) dt.09-12-2022 2/3 informant and his family members with farsa, iron rod etc. The specific allegation is on co-accused Bobby Kumar and Deepak Kumar Singh to assault the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent and he is under custody since 28.06.2022. On similar footing co-accused Nitish Kumar has been granted bail by this Court in Cr. Misc. No. 66202 of 2021. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Barun P.S. Case No. 143 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for

Patna High Court CR. MISC. No.47560 of 2022(2) dt.09-12-2022 3/3 cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T