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Patna High CourtCR. MISC./83299/2023allowed

Deepak Kumar v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83299 of 2023 Arising Out of PS. Case No.-369 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== DEEPAK KUMAR SON OF ASHISH SINGH RESIDENT OF VILLAGE - BAJAUL, P.S. - WAZIRGANJ, DISTRICT - GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379, 420, 406, 411 of the Indian Penal Code.

3. As per prosecution case, the informant got secret information that two suspicious persons have came to a shop for purchase of gold and both of them were panicking. Thereafter, the police party reached at that place and apprehended them. It is further alleged that on search, 14 ATM Cards, Rs.8,000/- from the petitioner and from other co-accused also.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has no concern with the

Patna High Court CR. MISC. No.83299 of 2023(2) dt.02-01-2024 2/2 alleged recovery. He further submitted that the police has not found any complaint of any theft or withdrawal from any of the ATM cardholders neither anything has been purchased yet from the cards. Similarly situated co-accused has already been granted bail by this Court vide order dated 20.12.2023 passed in Cr. Misc. No. 82647 of 2023. The petitioner is languishing in judicial custody since 14.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Dalsingh-Sarai, Samastipur in connection with Dalsingh-Sarai P.S. Case No. 369 of 2023.

(Sunil Kumar Panwar, J) manishkumar/- U