Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75318 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Deepak Kumar S/O Asheshwar Rai Village- Bindgama, Jalalpur, Ps. Mohanpur (OP), Dist. Samastipur, Presently Residing At Mohalla- Kashipur, Ward No. 34, Ps. Town, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 394 of the Indian Penal Code.

The prosecution case in nutshell is that two miscreants came near the informant and opened fire. They ask the informant to hand over the bag containing cash of Rs. 1,25,000/-. It is further alleged that after taking the bag, miscreants fled away by opening fire.

Patna High Court CR. MISC. No.75318 of 2023(2) dt.29-11-2023 2/3 Due to firing, informant sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Md. Dulare in another case. Moreover, the petitioner is languishing in judicial custody since 19.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Samastipur Town P.S. Case No. 236 of 2022 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.75318 of 2023(2) dt.29-11-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T