Deepak Kumar @ Abhishek Kumar vs The State Of Bihar
2022 Latest Caselaw 4248 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.937 of 2022
            Arising Out of PS. Case No.-132 Year-2021 Thana- BIND District- Nalanda
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DEEPAK KUMAR @ ABHISHEK KUMAR Son of Dayanand Prasad Resident of Village- Kathrahi, P.S.- Bind, District- Nalanda.

... ... Appellant/s Versus

1. THE STATE OF BIHAR

2. Nitish Kumar S/o Surendra Rai Resident of Village- Dakshni Chak, P.S.-

Athamalgola, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Binod Kumar Sinha For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 04-08-2022

Heard learned counsel for the appellant and learned

APP for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

This is an appeal under Section 14(A)(2) of the

Scheduled Caste and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the refusal of prayer for bail vide

order dated 02.02.2022 passed by the learned Additional Session

Judge III-cum-Special Judge, SC/ST, Biharsharif, Nalanda in

connection with Bind P.S. Case No. 132 of 2021 registered for

the alleged offences under Sections 302, 307 and 394 of the Patna High Court CR. APP (SJ) No.937 of 2022 dt.04-08-2022

Indian Penal Code and Section 27 of the Arms Act as well as

3(i) (r) (s)/ 3(2) (v) SC/ST (Prevention of Atrocities) Act.

As per prosecution case, the informant and the

deceased used to drive truck and on the fateful night, the

deceased Ranju Paswan was shot dead by three miscreants and

they took Rs. 12,000/- from the deceased. They also fired upon

the informant when he tried to run away.

Learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this

case. He has not been named in the FIR and nothing

incriminating has been recovered from person or possession. No

TIP has been conducted in this case. CDR report of mobile

number of appellant and co-accused person also falsifies the

prosecution case. If the appellant and co-accused were present at

the same place, there was no question of any talk on mobile

phone with each other. Furthermore, there is no substantive

material against this appellant to connect him with the alleged

occurrence. Learned counsel further submits that in his

deposition recorded before learned trial the informant did not

identify the petitioner and has not named him in his deposition.

Charge sheet has been submitted in this case and the appellant is

in custody since 21.10.2021.

Patna High Court CR. APP (SJ) No.937 of 2022 dt.04-08-2022

Learned APP for the State opposes the prayer for bail of

the appellant.

Perused the records.

I have been informed that respondent no. 2 has been

served and this fact reflects on the website under office notes,

still none has appeared on behalf of the respondent no. 2.

Having regard to the submission made and considering

the fact that there is distinct lack of cogent material on record

and further considering the deposition recorded before learned

trial court and period of custody of the petitioner, the appellant

above named is directed to be released on bail on furnishing bail

bond of Rs. 20,000/- (twenty thousand) with two sureties of the

like amount each to the satisfaction of learned Additional

Sessions Judge III-Cum-Special Judge SC/ST Act, Biharsharif,

Nalanda in connection with Bind P.S. Case No. 132 of 2021,

subject to the conditions mentioned in Section 437(3) of the

Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close

relative of the appellant.

(ii) The appellant will remain present on

each and every date fixed by the court

below.

Patna High Court CR. APP (SJ) No.937 of 2022 dt.04-08-2022

(iii) In case of absence for three

consecutive dates or in violation of the

terms of the bail, the bail bond of the

appellant will be liable to be cancelled

by the court concerned.

The impugned order is set aside and the appeal

stands allowed.

(Arun Kumar Jha, J) Gautam/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.08.2022
Transmission Date       09.08.2022