Patna High CourtCR. MISC./4136/2020allowed

Gaurav Kumar @ Gaurav Kunwar v. The State Of Bihar

2020-06-23Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4136 of 2020 Arising Out of PS. Case No.-366 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== GAURAV KUMAR @ GAURAV KUNWAR S/o Bibeka Kunwar R/o village- Bharso, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Parbatta P.S. Case No. 366 of 2019 corresponding to G.R. No. 2702 of 2019 registered for the offence under Sections 420, 414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been made accused in this case merely on the basis of confessional statement of the co-accused and except the confessional statement, no cogent material is available on record against the petitioner. Moreover, nothing incriminating has been recovered from the conscious possession of the petitioner. Hence, the

Patna High Court CR. MISC. No.4136 of 2020(6) dt.23-06-2020 2/2 petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the even of his arrest or surrender within a period of four weeks from today, be released on anticipatory bail on furnishing his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-I, Khagaria in connection with Parbatta P.S. Case No. 366 of 2019 corresponding to G.R. No. 2702 of 2019, subject to the conditions laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) brajesh/- U T