Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1416 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- MIRGANJ District- Purnia ====================================================== Deepak Kumar Son of Virendra Bhagat Resident of Ram Nagar, Mohna Tola Rangpura, P.S.- Mirganj, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mirganj P.S. Case No. 85 of 2024 instituted for the offence under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in a nutshell that informant was accosted with three unknown miscreants who have assaulted him by means of bamboos and taken away his motorcycle, cash of Rs.4,500/- and mobile phone.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-08-2024. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.1416 of 2025(2) dt.22-01-2025 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. Nothing has been recovered from the possession of the petitioner. Learned counsel goes on to submit that recovery of looted motorcycle is made from the possession of co-accused, namely, 'Sikandar Kumar'. It is lastly submitted that charge sheet has been submitted 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, manner of petitioner's implication and charge sheet being submitted, 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 Court below/concerned Court in connection with Mirganj P.S. Case No. 85 of 2024.

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