Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56177 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Deepak Kumar, Son Of Sri Virender Ray @ Virendra Ray, Resident Of Village - Amba Kala, Police Station - Piprahi, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Shyampur Bhatha P.S. Case No.20/2023, lodged on 03.03.2023 under Sections 307, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution, the informant has lodged this FIR against two persons raising suspicion that on their instance, the incident of firing has been made on him due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Though the petitioner is named in the FIR, but his name has figured in this

Patna High Court CR. MISC. No.56177 of 2023(2) dt.30-08-2023 2/3 case only on the basis of suspicion. He further submits that there is absolutely no involvement of the petitioner in the present case which is apparent from the FIR itself. During course of investigation, the police has not found any cogent material against the petitioner. He further submits that the antecedent of the petitioner is clean and he is in custody since 15.06.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. 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 ACJM-I, Sheohar in connection with Shyampur Bhatha P.S. Case No.20/2023, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.56177 of 2023(2) dt.30-08-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T