Patna High CourtCR. MISC./51747/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-07-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51747 of 2024 Arising Out of PS. Case No.-709 Year-2019 Thana- MAHUA District- Vaishali ====================================================== DEEPAK KUMAR, S/O SHRI DEVILAL SHARMA @ DEVILAL SHARMA, R/O VILLAGE- MAHUA MUKUNDPUR, P.S- MAHUA, DISTRICT- VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nidhi Anand, Advocate Ms. Suruchi Anand, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahua P.S. Case no. 709 of 2019 registered under sections 402, 414 and 399 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on an information having been received about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. Various incriminating articles were recovered from the possession of the accused persons. From the possession of the petitioner a country made katta and a mobile phone was recovered.

4. Learned counsel for the petitioner submits that no

Patna High Court CR. MISC. No.51747 of 2024(2) dt.19-07-2024 2/2 incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case because of his antecedents. The petitioner is in custody since 21.12.2019 and undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R. together with the petitioner having remained in custody for more than 4 years since 21.12.2019, the petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case no.709 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XVI, Vaishali at Hajipur.

(Partha Sarthy, J) avinash/- U T