Patna High CourtCR. MISC./73736/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-11-29Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73736 of 2023 Arising Out of PS. Case No.-671 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Deepak Kumar, S/o Sri Anil Kumar Singh @ Anil Kumar, R/o VillagePalanga, P.S- Parsa Bazar, District.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate Mr. Anjani Bhushan, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.1037 of 2023 (arising out of Parsa Bazar P.S. Case no. 671 of 2022) registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons namely Dhananjay Kumar and Raushan Kumar had threatened his son of dire consequences. Soon thereafter his son disappeared. On inquiry, Dhananjay Kumar was not ready to disclose the whereabouts of his son. Thereafter, the dead body of his son was recovered from an orchard.

Patna High Court CR. MISC. No.73736 of 2023(2) dt.29-11-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Referring to the contents of the order of the learned trial Court it is submitted that the name of the petitioner transpired in the confessional statement of coaccused Dhananjay Kumar made before police. The said Dhananjay Kumar has been enlarged on bail vide order dated 5.9.2023 passed in Cr. Misc. no. 23916 of 2023. The petitioner is in custody since 30.4.2023 and charge-sheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the nature of material that has transpired in course of investigation as is evident from the order of the learned trial Court, grant of bail to co-accused Dhananjay Kumar on whose confessional statement the name of the petitioner transpired, the petitioner being in custody for about 7 months since 30.4.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.1037 of 2023 (arising out of Parsa Bazar P.S. Case no.671 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.73736 of 2023(2) dt.29-11-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional District Judge-XI, Patna.

(Partha Sarthy, J) avinash/- U T