Patna High CourtCR. MISC./62863/2019bail granted

Deepak Kumar v. The State Of Bihar

2020-03-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62863 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- PIRO District- Bhojpur ====================================================== DEEPAK KUMAR S/o- Chuman Yadav R/o Village- Nuawan, P.S.- Vikramganj, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Piro (Hasan Bazar) P.S. Case No. 187 of 2019, disclosing the offence under Section 392 of the Indian Penal Code. There is allegation in the First Information Report that accused persons had intercepted the informant and they snatched from the petitioner's possession cash, approximately between Rs.1,50,000/- to 2,00,000/-. One of the miscreants is said to have snatched his Mobile phone also. The First Information Report was lodged against unknown. The petitioner's name has surfaced on the basis of confessional statement of a co-accused.

Patna High Court CR. MISC. No.62863 of 2019(5) dt.05-03-2020 2/2 From the case diary, however, it appears that there is no recovery of any incriminating material on the basis of confessional statement of the said co-accused. Considering the circumstance that confessional statement of a co-accused is the only evidence collected in course of the investigation, in my opinion, a case for grant of regular bail is made out since the petitioner has remained in custody since 5.7.2019. This application is allowed. Let the petitioner, above-named, 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 learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Piro (Hasan Bazar) P.S. Case No.

187 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.