Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58161 of 2022 Arising Out of PS. Case No.-940 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Deepak Kumar Son Of Ganesh Thakur, R/O Village- Ismailpur, P.S.- Hajipur Sadar, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 940 of 2021 lodged under Section 395 of the I.P.C.

As per prosecution, the allegation of dacoity is there against unknown persons, who has looted the jewellery etc. amounting Rs.20 lacs and other articles.

Learned counsel for the petitioner submits that during investigation Test Identification Parade has taken place of the present petitioner but he has not been identified. Counsel further submits that nothing incriminating was recovered from

Patna High Court CR. MISC. No.58161 of 2022(3) dt.24-02-2023 2/3 possession of the petitioner. He further submits that there are two criminal cases pending against the petitioner but in one case he is on bail and in another case he has been acquitted. Counsel further submits that petitioner is in custody since 10.01.2022 and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail and submits that petitioner has not been identified in T.I.P.. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 940 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.58161 of 2022(3) dt.24-02-2023 3/3 file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T