Ravi Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.18533 of 2016 (4) dt.30-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18533 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -OBRA District- AURANGABAD ======================================================

1. Ravi Kumar Gupta Son of Kailash Saw, Resident of Village - Jemuawan, P.S. - Daudnagar, District - Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Obra P.S. Case No. 71 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, motorcycle of the informant was stolen away from the premises of Obra block, during investigation it reveals that the petitioner and other co-accused were caught by Haspura police with stolen motorcycle and fire arms and they confessed their involvement in this case also. The petitioner also confessed his guilt in this case and stolen motorcycle was recovered from possession of the petitioner.

Submission is of false implication and that he has been made victim of the circumstances, nothing has been recovered

Patna High Court Cr.Misc. No.18533 of 2016 (4) dt.30-06-2016 from his conscious possession. Other co-accused, namely, Anuj Kumar and Rajesh Kumar @ Gorelal have already been allowed bail by different co-ordinate Bench of this Court and the petitioner is suffering in custody since 23.1.2015 and has been sufficiently penalized.

The learned A.P.P. submits that the petitioner has got criminal antecedent also.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Obra P.S. Case No. 71 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T