Deepak v. The State Of Biharv
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1826 of 2023 Arising Out of PS. Case No.-460 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Deepak, S/o Suresh Kumar, R/o Village- Asan, P.S.- Kansala Chauki, DistrictRohtak (Haryana). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhilesh Kumar, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Phulparas P.S. Case No. 460 of 2022 (G.R. No. 834 of 2022) dated 24.09.2022 registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 32(ii) (ii), 41(i), 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail for the last seven months having fair and
Patna High Court CR. MISC. No.1826 of 2023(2) dt.24-04-2023 2/3 clean antecedent and for the alleged two registration certificates of the concerned vehicle, which were found in the vehicle's cabin, the vehicle's owner is responsible and petitioner was not apprehended at the spot and he has been wrongly shown as having been arrested at the spot, in fact the petitioner had taken the alleged vehicle on monthly rental basis from vehicle's actual owner namely, Kuldeep and thereafter with the consent of said owner he handed over the said vehicle to another person namely, Karm Chand to ply the same on rental basis and accordingly the alleged vehicle was in possession of said Karm Chand, when it was seized.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Phulparas P.S. Case No. 460 of 2022 ( G.R. No. 834 of 2022) on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, on conditions that: The petitioner will be released after framing of charge and both the bailors shall be the local residents
Patna High Court CR. MISC. No.1826 of 2023(2) dt.24-04-2023 3/3 within the jurisdiction of the trial court having sufficient immovable property to the satisfaction of the trial court. Rajiv/- (Shailendra Singh, J) U