Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72101 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- BEUR District- Patna ====================================================== DEEPAK KUMAR Son of Muneshwar Paswan @ Bhuneshwar Paswan Resident of Mohalla- Belwerganj, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 261 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- BEUR District- Patna ====================================================== SAMRAT SINGH SON OF PAPPU SINGH RESIDENT OF MOHALLA, BADHAI TOLA, P.S- ALAMGANJ, DIST- PATNA ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72101 of 2021) For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.APP (In CRIMINAL MISCELLANEOUS No. 261 of 2022) For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Beur P.S. Case no. 160/2021 instituted for the offence under Sections 188, 414, 120(B), 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.72101 of 2021(3) dt.12-07-2022 2/3 And 25(1-b) a/35 Arms Act and 52 Prisoners Act. Allegation as per FIR is that on search of new prisoner at main gate of jail, one empty magazine of pistol was recovered from Mantu gop by warden of the Jail. On interrogation, he disclosed that the alleged arms have been brought by the petitioners.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. Petitioners are next door neighbor of the informant and they are on inimical terms. The name of the petitioners have been disclosed in this case by the co-accused Mantu Gop, which has got no evidentiary value in the eye of law. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Beur P.S. Case no. 160/2021,

Patna High Court CR. MISC. No.72101 of 2021(3) dt.12-07-2022 3/3 they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U