Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80865 of 2023 Arising Out of PS. Case No.-401 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Deepak Kumar Son of Umesh Singh R/O Village- Maniyarpur, P.S.- Bidupur, District- Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Prasad, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No.401 of 2023 registered under Section 392 of the I.P.C. but charge sheet was submitted under Sections 395 and 412 of the I.P.C.
3. As per prosecution case, on the alleged date of occurrence while the informant reached near Kutubpur Chowk with his auto, four miscreants including petitioner intercepted the auto and on the gun point, they looted away cash of Rs.92,010/- from the informant and also cash of Rs.20,000/- and one mobile from the companion of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.80865 of 2023(5) dt.10-05-2024 2/3 case. The money recovered from possession of the petitioner was his own money and it was not the looted money as alleged. No Test Identification Parade has been conducted in this case. The petitioner is in custody since 15.07.2023. The charge sheet has already been submitted and there is no chance of absconding by petitioner or tampering with the evidence. Petitioner has no criminal antecedent. It is further submitted that co-accused Sonu Kumar @ Dhelba has already been granted regular bail by this Court vide order dated 12.01.2024 passed in Cr. Misc. No.81888 of 2023.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No.401 of 2023 subject to the conditions that: (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates
Patna High Court CR. MISC. No.80865 of 2023(5) dt.10-05-2024 3/3 without sufficient reason, his bail bond shall be cancelled by the Court below.
(Sunil Dutta Mishra, J) Harish/- U T