Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14779 of 2024 Arising Out of PS. Case No.-201 Year-2019 Thana- PALIGANJ District- Patna ====================================================== Gaurav Kumar Son of Madhaw Singh Resident of Village- Jawarpur Koraya, P.S.- Dulhin Bazar, Dist.- Patna (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Atul Dayal, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2024 Heard Mr. Atul Dayal, learned counsel for the petitioner and Ms. Gulnar Begum, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Paliganj P.S. Case No. 201 of 2019, F.I.R. dated 15.06.2019 for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
3. According to prosecution case, this petitioner was found running away with laptop, mobile phone and Rs. 12,000/- from the house of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land disputes between the parties. He further submits that in fact, the
Patna High Court CR. MISC. No.14779 of 2024(2) dt.12-03-2024 2/3 petitioner has no knowledge about the present case and the petitioner has taken admission in BA LLB (Session 2019-24) in Lloyd Law College, Greater Noida, UP and after taking admission in the aforesaid college he is living in Noida for studies and when he came to know about the present case they he has moved before the competent Court for grant of anticipatory bail.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and he is living in Noida since 2019 for study in Lloyd Law College, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Danapur in connection with Paliganj P.S. Case No. 201 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.14779 of 2024(2) dt.12-03-2024 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T