Deepak Kumar @ Paisath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67911 of 2018 Arising Out of PS. Case No.-615 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== Deepak Kumar @ Paisath Ray, Son of Bhushan Ray, Resident of VillageRanipur Rasalpur,.Police Station -Mehandiganj,Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 30.11.2017 submitted by Sonu Kumar to the Station House Officer, Agamkuan Police Station is to the effect that on 30.11.2017 at 7.20 P.M., the informant's mobile was snatched, on chase one person was caught, who disclosed his name as Raja Kumar who further disclosed the name of his associate as Deepak Kumar the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been roped in in the present case only on the

Patna High Court Cr.Misc. No.67911 of 2018(2) dt.17-12-2018 2/3 basis of confessional statement of co-accused, Raja Kumar. Though a statement has been made in paragraph no.3 of the petition that the petitioner is accused in two other cases apart from the present case but in all the cases he is on bail. It is submitted by learned APP for the State that the petitioner has been named by the apprehended co-accused, Raja Kumar.

Considering the fact that the petitioner has been made accused in the present case on the basis of confessional statement of co-accused, Raja Kumar and the impugned order does not reflect any material against the petitioner and keeping in view the criminal antecedent of the petitioner, let the above named petitioner be released on anticipatory bail provisionally for four months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City in connection with Agamkuan P.S. Case No. 615 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned Court below will confirm the provisional anticipatory bail of the petitioner, after obtaining a report from

Patna High Court Cr.Misc. No.67911 of 2018(2) dt.17-12-2018 3/3 the concerned police station to the effect that during the period of provisional anticipatory bail the petitioner has not substantially involved in any other case.

(Dinesh Kumar Singh, J) Ashwini/- U T