Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4547 of 2021 Arising Out of PS. Case No.-222 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Deepak Kumar, Son of Naulesh Yadav @ Awadhesh Prasad, Resident of Village- Sigranepur, P.S.- Dhanarua, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-07-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Makhdumpur (Mukhdumpur) P.S. Case No.222 of 2018 registered for the offence punishable under Section 395 of the I.P.C.

There is an allegation that several accused persons have overtaken the Breeza vehicle of the informant and they

Patna High Court CR. MISC. No.4547 of 2021(4) dt.19-07-2021 2/3 have assaulted the informant and his nephew and decamped with Rs.45,000/- to Rs.46,000/- along with some other documents.

It is submitted that at least in the instant case, even as per the statement of co-accused, which has come in course of investigation, at best the petitioner has helped in sale of jewellery looted in course of various similar incidents by the petitioner along with other co-accused. It is further submitted that within a week, the petitioner has been made accused in four other cases as per details contained in paragraph 3 of the bail application. His implication in the instant case is solely on the statement of co-accused Baiju Kumar alias Chapa. There is no recovery of any incriminating material from the petitioner. He is stated to be in custody since 04.11.2019.

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

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 C.J.M., Jehanabad, in connection with

Patna High Court CR. MISC. No.4547 of 2021(4) dt.19-07-2021 3/3 Makhdumpur (Mukhdumpur) P.S. Case No.222 of 2018, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T