Patna High CourtCR. MISC./48901/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48901 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== DEEPAK KUMAR SON OF ASHESHWAR RAI R/O-KASHIPUR, WARD NO. 34, P.S.-TOWN, DISTT.-SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Town P.S. Case No. 99 of 2023 dated 29.04.2023 registered for the offences punishable u/ss 25(1-b)a and 26 of the Arms Act.

4. As per the prosecution case, one country made katta and one live cartridge were recovered beneath the bed of the

Patna High Court CR. MISC. No.48901 of 2023(2) dt.09-08-2023 2/3 petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has transpired during investigation on the confessional statement of co-accused Deepak Kumar. The petitioner is accused in eight other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 30.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Town P.S. Case No. 99 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.48901 of 2023(2) dt.09-08-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T