Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47236 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Deepak Kumar, S/o Binod Prasad, R/o Village- Kishori Lal Chowk, PSTown, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nitu Kumari, Adv, Mr. Jitendra Kumar Bharti, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2025
1. Heard Ms. Nitu Kumari, learned counsel for the petitioner and Mr. Madan Kumar, learned APP for the State.
2. The petitioner seeks regular bail in connection with Bahera P. S. Case No. 453 of 2024, dated 28.11.2024, arising out of G.R. No. 471 of 2024, registered for the offences punishable under Sections 305(a), 331(4) of the B.N.S., 2023.
3. The main submissions advanced by the petitioner's counsel are that the FIR has been registered against unknown person, though, the petitioner has criminal antecedents of three cases and he was arrested in Bahera P.S. Case No. 499 of 2024, in which the stolen articles related to the present case are said to have been recovered, however that case is proceeding separately but in the present matter he was remanded on 11.02.2025 and after his remand the police failed to find out or recover any incriminating material or evidence to connect the petitioner to
Patna High Court CR. MISC. No.47236 of 2025(2) dt.04-08-2025 2/2 the alleged crime of theft and the trial court rejected the petitioner's prayer mainly on the ground of his criminal antecedents. It is further submitted that petitioner has been languishing in jail in the present matter since the date of remand i.e. 11.02.2025 and against him the investigation has been completed.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the aforesaid submissions advanced by the petitioner's counsel as well as petitioner' custody period and completion of investigation against him, this court is inclined to release him on bail. Accordingly, let the petitioner namedabove, be enlarged on bail in connection with Bahera P. S. Case No. 453 of 2024 (arising out of G.R. No. 471 of 2024), on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, on further condition that the petitioner shall be released after framing of charges, if the trial court has proceeded with trail of petitioner and charges have not been framed so far.
(Shailendra Singh, J) Rajiv/- U T