Deepak Kumar@Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7345 of 2024 Arising Out of PS. Case No.-337 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Deepak Kumar@Akash Kumar S/O Sudeshwar Manjhi R/O Vill-Ghujji, PsSherghati, Dist-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 504, 307/34 of the IPC and Section 27 of the Arms Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of one case and specific allegation of assault is against Gabbar Paswan who is alleged to have assaulted Rajendra Mistry who had come to save the informant. It is next submitted that as far as this petitioner is concerned

Patna High Court CR. MISC. No.7345 of 2024(2) dt.01-03-2024 2/3 against him it is alleged that he was also present with Gabbar Paswan in the house of the informant with Gun and recently he had snatched a motorcycle from a person who had lost his way. The learned counsel thus submits that petitioner has been implicated with general and omnibus allegation and he will not abscond rather will co-operate in the investigation.

4. The learned APP opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sherghati P.S. Case No.337 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the

Patna High Court CR. MISC. No.7345 of 2024(2) dt.01-03-2024 3/3 investigation, in that event, the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan /- U T