IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20149 of 2010
DEEPAK KUMAR @ DEEPAK KUMAR GUPTA .
Versus
THE STATE OF BIHAR .
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04/ 07.10.2010 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the brother of
deceased.
2. This petition for bail has been filed by the petitioner,
who is an accused for offences punishable under sections 302, 201 of
the Indian Penal Code.
3. F.I.R was lodged by a stranger who was returning to his
house in the evening on 13.03.2010 after grazing cattles, when he saw
the deceased along with two persons taking bhunja etc near the
alleged place of occurrence, but when on the next day he went there in
the morning he saw the body of the deceased person and recognized it
and when the dead body was taken by the police and no one was the
claimant and the whereabouts of the deceased was also not found, the
body was disposed of by the police after lodging an F.I.R against
unknown persons.
4. Learned counsel for the brother of the deceased submits
that petitioner had taken money from the deceased for getting him
appointment somewhere but it could not materialize and the deceased
had gone to the petitioner for refund of the amount on 13.03.2010 and
he had last talked to his brother on phone, while the deceased was
with the petitioner but thereafter when the deceased did not return, the
brother of the deceased met petitioner on 17.03.2010 who told him
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that the deceased had come to him but after receiving phone call he
had returned. It is further stated that thereafter on 19.03.2010 the
brother of the deceased met Superintendent of Police and on his
instructions filed informatory petition in Digha Police Station, where
the police showed him photographs and belongings of the deceased
whose body was found on 14.03.2010 from river Ganga and they were
identified by the brother as those of the deceased. He further submits
that recovery of wine bottles and bhunja was made from the spot
where the deceased was seen along with two other persons by the
informant. It is also stated that the petitioner was arrested by the
police on 21.03.2010 whereafter he gave his confessional statement
which is mentioned in Para- 38 of the case diary.
5. From the case diary, it transpires that there is no
statement of any person from which it could transpire that any
allegation has been made against the petitioner. Furthermore even the
brother of the petitioner has never raised any suspicion that the
petitioner was behind the murder of his brother. The alleged
confessional statement before the police detailed in paragraph- 38 is
denied by the petitioner.
6 .In the afore said circumstances, the police should have
made Test Identification Parade from the informant who had seen
deceased along with two other persons on the date of occurrence but
although the petitioner has remained in custody for more than six
months, no Test Identification Parade has been made nor any
incriminating article has been recovered from the petitioner. Learned
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counsel for the petitioner also submits that petitioner has got no
criminal antecedent.
7. Considering the facts and circumstances of this case as
well as the arguments of the parties, this petition is allowed. Let the
petitioner, namely Deepak Kumar @ Deepak Kumar Gupta be
released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten
thousand) with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Patna in connection with
Digha P.S. Case No. 62 of 2010.
Ranjan (S. N. Hussain, J.)