Guddu Kumar @ Guddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9505 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== GUDDU KUMAR @ GUDDU RAI, aged about 25 years, Male, son of Ram Das Rai, Resident of Village - Mahmmadpur, P.S-Paroo, Dist.-Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 211 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the petitioner and one other coaccused person having snatched a sum of Rs. 3,000/- from the informant and thereafter when the accused persons were confined by the villagers, the relatives of the petitioner came on the spot and requested the co-villagers to hand over the custody of the accused persons to him so that they may be handed over to the Police when it arrives at the place of occurrence, however, when the Police arrived, the co-accused person including the

Patna High Court Cr.Misc. No.9505 of 2019(2) dt.19-02-2019 2/2 petitioner herein fled away.

The learned counsel for the petitioner submits that the petitioner has already been granted bail in the connected Saraiya (Jaitpur O.P.) P.S. Case No. 212 of 2018, which has been registered for offences punishable under the provisions of the Arms Act and the Indian Penal Code and as far as the present case is concerned, the petitioner has been falsely implicated. It is further submitted that there is no evidence of recovery of snatched amount of Rs. 3,000/- from the petitioner herein, hence the petitioner cannot be connected with the alleged crime. The petitioner is stated to be languishing in custody since 24.07.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 211 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T