Deepak Kumar @ Nave Khop @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79633 of 2024 Arising Out of PS. Case No.-562 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Deepak Kumar @ Nave Khop @ Chhotu S/O Gopal Das Resident of VillageMogalpura, Near Lal Mandir, Renter of Anil Das, P.O- Khajekala, P.SKhajekala, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritesh Kumar Jha, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 392, 412 of the Indian Penal Code in connection with Khajekala P.S. Case No.562 of 2023.
3. As per the prosecution story, informant got information that his sister-in-law died in NMCH, then he went there through a 'Tota', but when informant reached NMCH he got information that relative are at home with dead body at 'Chhoti Mandir Chowk'. Thereafter, he proceeded to 'Chhoti
Patna High Court CR. MISC. No.79633 of 2024(2) dt.02-12-2024 2/3 Mandir' with 'Toto', two persons were also sitting on the Toto and when the Toto reached near 'Noon Ka Chouraha' the Toto driver and the two persons snatched the cash Rs.6100/-, Bluetooth and Charger of the informant. On hulla police reached there and two accused were arrested and on search snatched articles was recovered from the accused persons and Toto driver fled away. Accordingly, the FIR.
4. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and name of the petitioner has been transpired on the basis of confessional statement of co-accused who were arrested by the police. It is next submitted that nothing was recovered from his conscious possession and he came to be implicated by the co-accused with whom he is on inimical term. It is further submitted that coaccused persons who were apprehended by the police, namely, Gaurav Kumar and Sumit Kumar have been granted regular bail by the learned court below vide order dated 01.04.2024 in B.P. No.45 of 2024 and the case of the petitioner stands at better footing.
5. The learned APP for the State opposes the anticipatory bail application.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.79633 of 2024(2) dt.02-12-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Patna City, Patna in connection with Khajekala P.S. Case No.562 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) Prakash Narayan U T