Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47869 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== DEEPAK KUMAR Son of Raghunath Sahni Resident of Village - Rajwara Dih, Police Station- Mushehari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 413, 467, 468, 471, 120(B) of the Indian Penal Code and sections 25(1-b) (a)/26/35 of the Arms Act.

As per allegation in the FIR, on getting secret information police party proceeded towards Majhauli Chowk and on seeing them five accused persons started to flee away but on chase they were arrested including the petitioner. On search, one samsung mobile phone was recovered from pocket of petitioner and from other four accused persons, arms were recovered apart from a motorcycle.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.47869 of 2022(3) dt.10-01-2023 2/2 that petitioner is innocent and he has been falsely implicated in this case. Except one Samsung mobile, no other incriminating article has been recovered from possession of the petitioner. He has no concern with other co-accused persons. So far as recovery of arms is concerned, the same has been recovered form other co-accused persons. The petitioner is languishing in judicial custody since 17.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Bochahan P.S. Case No. 213 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U T