Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70815 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Deepak Kumar Son of Gopal Paswan @ Gopal Hajara Resident of Village - Gurwalia, Police Station - Manuapal, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sugauli P.S. Case No. 325 of 2024 instituted for the offence under Sections 303, 303(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that petitioner has tried to stolen away the motorcycle of the petitioner but he was apprehended by locals when the motorcycle got off. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-07-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.70815 of 2024(3) dt.20-11-2024 2/3 counsel that petitioner has been falsely implicated in the present case on account of scuffle between the informant and the petitioner. It is submitted that neither recovery is made from conscious possession of the petitioner nor the petitioner committed theft of the motorcycle rather he is implicated on extraneous consideration. It is lastly submitted that police after investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No.12 of the case diary, it is submitted that petitioner has confessed his guilt in his confessional statement. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli P.S. Case No. 325 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.70815 of 2024(3) dt.20-11-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T