Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84805 of 2023 Arising Out of PS. Case No.-123 Year-2020 Thana- ROH District- Nawada ====================================================== Deepak Kumar SON OF CHITO YADAV R/O VILLAGE- MAHKAR, P.S.- ROH, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 380 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named accused persons including the petitioner committed loot in the house of the informant and on instigation by one co-accused person, petitioner also fired from his pistol.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive due to

Patna High Court CR. MISC. No.84805 of 2023(2) dt.15-01-2024 2/2 ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The present case is counter blast of Roh P.S. Case No. 118 of 2020, which was filed by the petitioner's side. No person got injured in the alleged occurrence. Similarly situated co-accused persons have been enlarged on bail by different co-ordinate Bench of this court. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as no person got injured in the alleged occurrence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Roh P.S. Case No. 123 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T