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Patna High CourtCR. MISC./15754/2021bail granted

Gaurav Kumar v. The State Of Bihar

2021-09-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15754 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== Gaurav Kumar Son of Upendra Prasad @ Upendra Prasad Singh Resident of Village - Bhalui, P.S.- Rajapakar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code to which sections 395 and 412 of the Indian Penal Code were added subsequently.

As per the prosecution case, three accused persons on a motorcycle on the point of pistol robbed the informant of his bag containing Rs.10,000/ in cash and the bag of his covillager Vijay Kumar containing Rs.30,000/ in cash besides Aadhar card, PAN card etc.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against three unknown. The name of the petitioner transpired on his own confessional statement

Patna High Court CR. MISC. No.15754 of 2021(3) dt.13-09-2021 2/2 made before the police. Even as per the material that has transpired in course of investigation, the allegation against the petitioner is of having provided arms and ammunitions to his associates and that he was watching at the place of occurrence. It is submitted by learned counsel that the allegations are absolutely false and concocted. The reason of false implication of the petitioner of his antecedents. He is in custody since 12.6.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Rajapakar P.S. Case no. 90 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur. (Partha Sarthy, J) Bibhash U