Guddu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14706 of 2020 Arising Out of PS. Case No.-539 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== GUDDU KUMAR SINGH S/o Late Raghavendra Singh @ Raghawendra Kumar Singh, Resident of Mohalla Housing Board Colony, P.S.-Bahadurpur, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Singh, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Akshay Lal Pandit.

The petitioner seeks regular bail in connection with Bahadurpur P.S. Case No. 539 of 2018, registered for the offence punishable under Sections 401, 413, 414, 467 and 468 of the Indian Penal Code.

The allegation is regarding the police having received secret information that some miscreants had assembled near Pandasarai Railway crossing for selling stolen motorcycle and when the police personnel had reached there, some of the

Patna High Court CR. MISC. No.14706 of 2020(6) dt.05-01-2021 2/3 miscreants were caught, however, some of the miscreants fled away and upon interrogation of the arrested miscreants, it transpired that the petitioner had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that though the petitioner is in custody since 09.10.2019, but he has been remanded in the present case on 26.10.2019. It is further submitted that neither any stolen motorcycle has been recovered from the petitioner nor there is any material on record to suggest the complicity of the petitioner in the alleged crime.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no stolen motorcycle has been recovered from the

Patna High Court CR. MISC. No.14706 of 2020(6) dt.05-01-2021 3/3 conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 539 of 2018.

(Mohit Kumar Shah, J) Ajay/- U T