Deepak Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2256 of 2018 (2) dt.17-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2256 of 2018 Arising Out of PS.Case No. -322 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== Deepak Kumar son of Raghu Prasad Gupta @ Raghu Gupta resident of village Harnaha, P.S. & Distt. Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.10.2017 in connection with Jamui P.S. Case No. 322 of 2017 for the alleged offences under Sections 147, 148, 149, 323, 337, 338, 307, 435, 153A and 295A of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with obstruction of a religious procession alleged against 29 FIR named including the petitioner and 250 unknown persons. It is submitted that the petitioner has been implicated merely on suspicion and the allegations against him are general and omnibus. Similarly situated co-accused Ankit Kumar @ Ankit Keshri, Anshu Kumar Keshri @ Anshu Keshri and Nitesh Kumar @ Nitish Kumar have been granted bail by this Court in Cr. Misc. No. 56950 of 2017 and in Cr. Misc. No. 57939 of 2017, respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.2256 of 2018 (2) dt.17-01-2018 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 322 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T