Patna High CourtCR. MISC./9067/2024bail granted

Gautam Kumar v. The State Of Bihar

2024-02-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9067 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Gautam Kumar Son of Naresh Yadav R/o vill - Madhura, ward no. 07, P.O. - Saur Bazar, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Saur Bazar P.S. Case No. 295/2023 lodged on 01.06.2023 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against three named accused persons including the present petitioner against whom there is an allegation of robbery of a mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the FIR it itself appears that for the alleged occurrence of 02.05.2023, the FIR has been lodged on 01.06.2023. Neither any incriminating article has been recovered form the possession of the petitioner nor the petitioner has been put on the Test Identification Parade. Moreover, similarly situated co-

Patna High Court CR. MISC. No.9067 of 2024(2) dt.20-02-2024 2/2 accused persons namely Bittu Kumar and Shankar Kumar have been granted bail by different co-ordinate Benches of this Court vide Crl. Misc. No. 765487/2023 and Crl. Misc. No. 71887 of 2023 respectively. The petitioner is in custody since 21.08.2023 and is accused in one more criminal case, in which he is on bail.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Saharsa, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :- (I) Saur Bazar P.S. Case No. 416/2023.

(Dr. Anshuman, J) Ashwini/- U T