Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2376 of 2021 Arising Out of PS. Case No.-155 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== DEEPAK KUMAR Son of Ram Ayodhya Ray Resident of Village - Vishwanthpur, P.S.- Dumra, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kr. No.1, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Parihar P.S. Case No.155 of 2019 registered for the offence punishable under Sections 379 of the IPC.

As per the prosecution case, the informant has alleged that he purchased a motorcycle from one Amar Kumar and parked the same near his grocery shop in the night and went to sleep. Thereafter he has alleged that in the morning he did not find his motorcycle and lodged F.I.R. regarding theft of

Patna High Court CR. MISC. No.2376 of 2021(2) dt.12-03-2021 2/2 motorcycle against some unknown theives.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely implicated in this case by the police during investigation. The petitioner is not named in the FIR as the same was lodged against unknown. It is further submitted that nothing has been recovered from the physical conscious possession of the petitioner and he has been remanded in this case on his confessional statement recorded in other case. Learned counsel for the petitioner states that four criminal cases of similar nature of offence is pending against the petitioner and he has been languishing in custody since 04.10.2019.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Parihar P.S. Case No.155 of 2019.

(Anjani Kumar Sharan, J) pallavi/- U T