Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18581 of 2024 Arising Out of PS. Case No.-113 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Gaurav Kumar S/o Sri Dasrath Sah R/o vill - Banmankhi, P.S. - Banmankhi, Distt. - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Braj Bhusan Poddar, Advocate For the State :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 113 of 2021 instituted for the offence under Sections 457, 380 of the Indian Penal Code. 3.

Prosecution case in short is that theft of various articles has taken place in the house of the informant, amounting to Rs. 25,00,000/- and Cash Rs. 1,00,000/- and some documents.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-01-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.18581 of 2024(2) dt.14-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner was not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Ranjeet Kumar, and the same has no evidentiary value. Nothing has been recovered from the conscious possession of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 113 of 2021.

(Rudra Prakash Mishra, J) Raj Kishore/- U T