Patna High CourtCR. MISC./69027/2023bail granted

Dipak Kumar @ Deepak Kumar v. The State Of Bihar

2023-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69027 of 2023 Arising Out of PS. Case No.-321 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== DIPAK KUMAR @ DEEPAK KUMAR, Son of Ram Saran Prasad @ Ramsharan Yadav, Resident of village - Mirzapur, Baratpur, Near Hanuman Mandir, Police Station - Town, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Patory P.S. Case no. 321 of 2023, registered under sections 406, 420, 467, 468, 471, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, on the car in question being stopped and search, it is stated that while the other accused persons managed to escape, the petitioner was caught. While 29 ATM cards were recovered from the petitioner's possession, 37 ATM cards were recovered from the vehicle in question.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from

Patna High Court CR. MISC. No.69027 of 2023(3) dt.20-12-2023 2/2 the petitioner's possession or from the vehicle in question. He is in custody since 11.5.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, his being in custody for more than 7 months since 11.5.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Patory P.S. Case no. 321 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur.

(Partha Sarthy, J) avinash/- U T