Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76094 of 2023 Arising Out of PS. Case No.-482 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Dipak Kumar @ Deepak Kumar Son Of Suresh Sahani R/O Village- Bara Bharti, P.S.- Minapur, District- Muzaffarpur 2.

Chandan Kumar Son Of Pramod Sahani R/O Village- Madhuban Kanti, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Rakesh Kumar Sharma For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 379, 413, 414, 419, 420 and 467/34 of the Indian Penal Code.

As per allegation in the FIR, on getting secret information about a gang indulged in committing fraud to innocent people by changing their ATM Cards, are moving around the HDFC Act, police party proceeded towards place of occurrence. On seeing the police party, out of seven

Patna High Court CR. MISC. No.76094 of 2023(2) dt.01-12-2023 2/3 accused persons, two managed to escape and five were arrested on spot including the petitioner. On search, six ATM Cards, cash of Rs. 35,000/-, Honda motorcycle and two mobiles were recovered from petitioner Deepak Kumar and From Chandan Kumar, six ATM Cards of different bank, cash of RS. 29,000/- and one mobile were recovered. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. All the recovered ATM cards are lost cards of different people regarding which there is no registered information. Chargesheet has been submitted against the petitioners and there is no chance of tamper with the prosecution evidence. Petitioners are languishing in judicial custody since 21.6.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.76094 of 2023(2) dt.01-12-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Sitamarhi P.S. Case No. 482 of 2023.

(Sunil Kumar Panwar, J) sushma/- U