Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75713 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Deepak Kumar Son Of Naval Ram Resident Of Village - Ambari, P.S. - Shekhopur Sarai, District - Sheikhpura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the the Indian Penal Code.
3. Allegation against the ten miscreants is that they snatched the motorcycle bearing Reg. No. BR21Z-0978 from the informant on the point of pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely,
Patna High Court CR. MISC. No.75713 of 2023(3) dt.30-11-2023 2/2 Golu @Golden before the police which has got no evidentiary value in the eye of law. No any stolen article has been recovered from the possession of the petitioner and also he has not been put on TIP as yet. He is languishing in judicial custody since 11.8.2023. Moreover, similarly situated co-accused has already been granted bail by this Court vide order dt. 15.9.2023 passed in Cr. Misc. No. 61632 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhopursarai P.S. Case No. 94 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura. (Sunil Kumar Panwar, J) Amandeep/- U T