Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88406 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== Deepak Kumar, Son of Manoj Yadav, Resident of Village- Prabhat Nagar, P.S.- Vishunganj, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and Ms.Rina Sinha, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barabar Tourism (Vishunganj) P.S. Case No.103 of 2024 instituted for the offence under Sections 126(2), 115(2), 303(2) 308(2), 308(5), 3(5) of B.N.S.

3. The case of the prosecution is that while the informant was going to his house on a bike, two persons on a bike intercepted him and started demanding Rs. 5,000/-. When the informant objected, they started assaulting him and pushed him in a ditch. It is further alleged that the accused persons took away the bike of the informant.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.88406 of 2024(2) dt.10-01-2025 2/2 has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in the F.I.R. His name has surfaced during investigation in the confessional statement of co-accused Indrajeet Kumar. It is further submitted that no recovery has been made from possession of this petitioner rather recovery has been made from co-accused Indrajeet Kumar. He is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barabar Tourism (Vishunganj) P.S. Case No. 103 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T