Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84421 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Deepak Kumar Son Of Late Kashi Rai Resident Of Village -Dedaur Dedol, Ps- Bakhtiyarpur District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Harnaut P.S. Case No. 329 of 2024 instituted for the offence under Sections 317(5), 318(4), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that during course of patrolling petitioner was apprehended by the police personnel and on inquiry, he was unable to produce valid document of the motorcycle in question.

Patna High Court CR. MISC. No.84421 of 2024(2) dt.11-12-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-08-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the victim of the circumstances. It is submitted that petitioner had taken motorcycle from one Niraj Kumar and he has no concern with the same. It is submitted that petitioner is student and has been falsely implicated in this case on extraneous consideration. There is no compliance of Section 103 of the BNSS, 2023. It is lastly submitted that police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.84421 of 2024(2) dt.11-12-2024 3/3 Court below/concerned Court in connection with Harnaut P.S. Case No. 329 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T