Deep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77376 of 2025 Arising Out of PS. Case No.-322 Year-2023 Thana- SARAI District- Vaishali ====================================================== Deep Kumar S/o- Arvind Kumar @ Arvind Kumar Thakur R/o - Mani Bhakurhar Baba Tola, P.S - Sarai, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sarai P.S. Case No. 322 of 2023 dated 14.12.2023, instituted for the offence punishable under Sections 341, 323, 354(B),419, 420, 379, 504, 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence, an unknown person made a Whatsapp call to the informant and called her to Sarai to receive documents of her vehicle. Thereafter, she went to Sarai on her Scooty. She was brought to a solitary place. In the meantime, she suspected the chain of events, took selfie with the accused persons and sent the same to her fried Pinki Rai. She was assaulted by the accused persons by fists and slaps and they snatched her mobile and purse.
2/4 In the meantime, a boy aged about 19-22 years came and took Rs. 10,000/- from her purse. She has also transferred Rs. 20,000/- from Phonpe App.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Only on the basis of confessional statement of co-accused, Subodh Kumar and his criminal antecedents, the petitioner has been made accused in this case. No T.I.P. parade has been conducted. No incriminating articles were seized either from the conscious possession of the petitioner or from the house of the petitioner. Lastly, it has been submitted that the petitioner is in custody since 30.03.2024 having four criminal cases against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, in Sarai P.S. Case No. 322 of 2023, as well as the following conditions:-
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1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner within two weeks after his release from custody shall appear before the local police station along with a copy of this order and thereafter shall appear in the first week of every month to mark
4/4 his attendance till conclusion of trial.
(Khatim Reza, J) premchand/- U T