Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78459 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- RAMPUR District- Gaya ====================================================== Deepak Kumar (Male), aged about 48 years, son of Late Tulsi Ram @ Tulsi Prasad Resident of village- Tel Bigha, P.S.- Kotwali, District- Gaya ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Manish Kumar No. 2, Advocate For the Opposite Party :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Rampur P.S. Case No. 36 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding snatching of mobile of the informant by unknown accused persons and upon the police having received CDR mobile location, it was found that the mobile of the informant was being used by one Sunny Kumar, who was then arrested by the police and he disclosed that the mobile was with his accomplice i.e. the petitioner herein whereupon the police is said to have arrested the petitioner and recovered the mobile phone. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.78459 of 2019(2) dt.02-12-2019 2/2 having clean antecedent and has been suitably punished in as much as he is languishing in custody since 31.07.2019. It is further submitted that the petitioner is ready to abide by whatever conditions, as may be deemed fit and proper to be imposed by this Court.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner on regular bail subject to deposit of a sum of Rs. 10,000/- in cash before the Nazarat of the concerned trial court and subject to such conditions as may be imposed by the learned court of Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 36 of 2019. It is needless to state that the aforesaid deposit shall be subject to final outcome of the trial.

The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BT/- U T