Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4009 of 2025 Arising Out of PS. Case No.-121 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.

Deepak Kumar Son of Triveni Thakur village- Shekhi Chakiya P.S-Chakiya Dist- East Champaran 2.

Triveni Thakur son of Late Ram Bahadur Thakur village- Shekhi Chakiya P.S-Chakiya Dist- East Champaran 3.

Suraj Kumar son of Triveni Thakur village- Shekhi Chakiya P.S-Chakiya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2025

1. Heard the learned Advocate for the petitioners and the learned APP for the State.

2. The petitioners seek bail in a case instituted for the offences under Sections 448, 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code and later on, Section 302 IPC was also added.

3. The learned counsel for the petitioners has submitted that petitioners are persons with clean antecedent and are in custody since 12.08.2024 and charge-sheet has been submitted. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that general

Patna High Court CR. MISC. No.4009 of 2025(2) dt.28-02-2025 2/3 and omnibus allegation is alleged that accused persons including the petitioners came variously armed and assaulted the informant and his wife and also looted Rs.2 Lacs cash and household items from the house of the informant. Further, they also assaulted the mother and uncle of the informant on account of which, they sustained serious injury. It is further submitted that mother of the informant subsequently died.

4. The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation is alleged against the petitioners of assaulting the mother of the informant. It is next submitted that the mother of the informant was an old lady and she fell, on account on which, she died and the informant took the same as an opportunity to implicate the accused persons including the petitioner. It is further submitted that if privilege of bail is granted to the petitioners, the petitioners will not abscond rather will cooperate in the trial to prove their innocence.

5. The learned A.P.P. opposes the bail application.

6. Considering the facts afore-stated, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.4009 of 2025(2) dt.28-02-2025 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar, learned Chief Judicial Magistrate, 1st Class, Sadar Motihari in connection with Chakiya P. S. Case No.121 of 2022.

7. The application stands allowed.

8. However, in the event, if the learned trial Court comes to a conclusion that the petitioners after their release is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons and shall take all coercive steps to ensure that petitioners are behind bar.

(Satyavrat Verma, J) vikash/- U T