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Patna High CourtCR. MISC./53157/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53157 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Deepak Kumar Son Of Bhola Paswan Resident Of Village - Bahuara Bhan, P.S. - Madhuban, District - East Champaran ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 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 Madhuban P.S. Case No. 276 of 2023 dated 16.06.2023 registered for the offences punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, four miscreants are alleged to have looted the motorcycles, other materials and important documents from the informant and his friend on the point of pistol while they were returning to home .

Patna High Court CR. MISC. No.53157 of 2023(2) dt.24-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is named in the F.I.R. Nothing has been recovered from the possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.06.2023.

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, Motihari, East Champaran in connection with Madhuban P.S. Case No. 276 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T