Patna High CourtCR. MISC./58530/2024bail granted

Deepak Kumar @ Deepak Das v. The State Of Bihar

2024-09-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58530 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Deepak Kumar @ Deepak Das son of Hakim Das VILLAGEMADHUCHHAPRA, POLICE STATION- PIPRA, DISTRICT -EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Pipra P.S Case no. 279 of 2023 registered under sections 420, 399, 402, 413, 414, 468, 469 and 471 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, a loaded country made pistol was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 24.1.2024 (Annexure-1) passed in Cr. Misc. no.1287 of 2024, giving liberty to the petitioner to renew his prayer for bail after six months. No incriminating article has been recovered from the petitioner's possession, who has been falsely implicated in the

Patna High Court CR. MISC. No.58530 of 2024(2) dt.13-09-2024 2/2 case. He is in custody since 12.9.2023.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, the liberty granted in the earlier order of rejection dated 24.1.2024, the petitioner having remained in custody since 12.9.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Pipra P.S Case no. 279 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari. (Partha Sarthy, J) Shiv/- U T