Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82641 of 2024 Arising Out of PS. Case No.-578 Year-2024 Thana- SONEPUR District- Saran ====================================================== Deepak Kumar Son of Bangali Das Village -Suro Ps- Bachhwara DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with Sonepur P.S. Case No. 578 of 2024 for the offences punishable under Sections 318(4), 319(2), 336(2)(3), 337, 338, 339, 340(2) and 341(1) of the Bharatiya Nyaya Sanhita, lodged on 08.07.2024 by the informant. Vinay Kumar.
3. As per the prosecution story, the informant alleged that in course of the seized vehicle, when the documents relating to the release of the Truck was brought forward, upon verification and query from the court of learned Chief Judicial Magistrate, Saran at Chapra, the reply came in negative, all the accused persons including the petitioner were taken into custody which followed the F.I.R.
4. Learned counsel for the petitioner submits that though he has criminal antecedent, is a driver, had no role to play
Patna High Court CR. MISC. No.82641 of 2024(2) dt.20-02-2025 2/3 and was taken by Ravish Kumar, the owner of the vehicle as a witness. He had no knowledge that the papers that are being presented is/are fake. He is in custody since 09.07.2024 (paragraph 4 of the petition). Further, without accepting allegation and/or the outcome of the present petition, learned counsel for the petitioner submit he is ready to pay Rs. 10,000/- to the Chief Minister's Relief Fund. The last submission is that one of the co-accused, Ashok Kumar Mahto has been granted bail in Cr. Misc. No. 77701 of 2024.
5. Learned APP for the State opposes the prayer submitting that he has criminal antecedent.
6. Taking into account the submissions put forward by the parties as also the fact that he has remained in custody since 09.07.2024 and will ultimately be facing the trial, charge sheet already stands submitted, one of the co-accused has been granted bail, as stated above, in that background, this Court is inclined to extend him the privilege of bail subject to payment of Rs. 10,000/- as undertaken by the learned counsel for the petitioner to be paid to the Chief Minister's Relief Fund and the receipt has to be submitted before the Trial Court.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.82641 of 2024(2) dt.20-02-2025 3/3 Magistrate, Saran at Chapra, in connection with Sonepur P.S. Case No. 578 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T