Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53819 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Deepak Kumar, S/o Ram Babu Paswan, Resident of Mohalla- Math Laxmanpur, Koiri Tola, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Raj Kumar, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Sri Krishnapuri P.S. Case No. 201 of 2022 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b) a, 26, 35 of the Arms Act.

The police on a confidential information with regard to assemblage of some miscreants, raided the place of occurrence and apprehended seven persons. It is alleged that various incriminating materials, including the fire-arms, were

Patna High Court CR. MISC. No.53819 of 2022(2) dt.14-02-2023 2/3 recovered from the accused persons. It is specifically alleged that one Pilas was recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that from the F.I.R. it is evident that no incriminating material has been recovered, save and except one Pilas, which cannot be said to be incriminating material in view of the fact that the petitioner is a plumber and while he was returning to his home, in the meantime, on suspicion he was arrested along with others. He next submits that innocence of the petitioner is also fortified for the reason that the petitioner has no criminal antecedent and is in custody since 25.05.2022 and now the investigation is already complete and the charge-sheet has been submitted.

On the other hand learned APP for the State opposes the bail application and submits that all the accused persons, including the petitioner, were arrested while they were preparing for committing dacoity.

Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, coupled with the fair antecedent and the period of custody, let the petitioner, named above, be released on bail on furnishing bail

Patna High Court CR. MISC. No.53819 of 2022(2) dt.14-02-2023 3/3 bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna in connection with Sri Krishnapuri P.S. Case No. 201 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T