Deepak Kumar Verma @ Deepak Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71015 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== DEEPAK KUMAR VERMA @ DEEPAK VERMA Son of Saryug Verma Resident of Village - Pachana Road Sansar Pokhar Gandhi Tola Ward No.17, Police Station- Kewaiya, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner has antecedent of one case.
The informant alleges that on 17.01.2021 while he was sitting at a tea shop after taking his walk Vikash Verma and petitioner came and Vikash Verma fired at the informant causing injury on his back and the petitioner also pointed out pistol at him. It is alleged that informant thereafter raised alarm but in
Patna High Court CR. MISC. No.71015 of 2021(3) dt.01-08-2022 2/3 the meantime other named accused persons who are family members of Vikash Verma came but since people started gathering, as such, they fled away. It is alleged that son of the informant was killed in which the petitioner along with his family members are accused and the evidence in the case is going on in Lakhisarai Court.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in Lakhisarai P.S. Case No. 332 of 2018 which was instituted for killing of the son of the informant. It is next submitted that it absolutely does not stand to reason that as to why the petitioner along with his brother would commit such an occurrence when already the case is going on in Lakhisarai Court and the trial is nearing its end. It is next submitted that falsity of the allegation is also manifest from the fact that though in the FIR it is alleged that Vikash Verma fired causing injury on the back of the informant but form perusal of the injury report, it would manifest that the injury is simple caused by hard and blunt substance which is evident from para 25 of the case diary.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner but very fairly submits that injury report records that the injury was caused by hard and
Patna High Court CR. MISC. No.71015 of 2021(3) dt.01-08-2022 3/3 blunt substance and is simple in nature.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lakhisarai (Kewaiya) P.S. Case No. 41 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T