Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30897 of 2018 Arising Out of P.S.Case No. -4 Year- 2017 Thana -SAMSTIPUR RAIL P.S District- SAMASTIPUR ====================================================== Deepak Kumar S/o Sri Nath Das, R/o Vill.- Rup Narayanpur Bela, P.S.- Muffasil, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner is in custody in connection with Sessions Trial No.805 of 2017 arising out of Samastipur P.S.Case No.04 of 2017 registered for an offence under Sections 302/34 of the IPC.
Informant of this case is son of deceased. It has been submitted that the case has been registered against unknown. In course of investigation, the police apprehended three persons after six months of the occurrence. Out of them one of the accused Md. Chand confessed his complicity in the murder of the deceased and disclosed the name of 12 persons in participation of the said crime. He further submits that except disclosure of name of this petitioner
Patna High Court Cr.Misc. No.30897 of 2018 (3) dt.06-07-2018 2/3 by the said accused, there is nothing against him. One Ashok Kumar Ray @ Ashok Rai, who was alongwith the deceased, was subsequently made accused and he has been allowed anticipatory bail by one of the coordinate Bench of this Court in Cr.Misc.No.49904 of 2017. The other co-accused persons have also been granted bail by another Benches of this Court in Cr.Misc.Nos.50476 of 2017, 50161 of 2017, 58426 of 2017, 59185 of 2017, 1692 of 2018 and 10048 of 2018. The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court-I, Samastipur in connection with Sessions Trial No.805 of 2017 arising out of Samastipur Rail P.S.Case No.04 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any
Patna High Court Cr.Misc. No.30897 of 2018 (3) dt.06-07-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U