Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65458 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- DALSINGHSARAI District- Samastipur ====================================================== Deepak Kumar Son of Jai Narayan Sah R/O Village- Rasalpur Saidpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dalsing Sarai P.S. Case No. 71 of 2025, instituted for the offences punishable under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that some persons have committed theft in the house of the informant and he suspects that co-accused Aman Kumar along with some other unknown persons have committed theft in his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.65458 of 2025(2) dt.16-09-2025 2/2 the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Santosh Thakur and the same has got no evidentiary value. It is further submitted that only one stolen mobile phone has been recovered from the possession of the petitioner which he bought from co-accused Santosh Thakur and had got no knowledge that the same is stolen one. The petitioner is in custody since 06.05.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dalsing Sarai P.S. Case No. 71 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T