Guddu Barnwal @ Abhay Kumar Barnwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12493 of 2025 Arising Out of PS. Case No.-61 Year-2012 Thana- KATORIYA District- Banka ====================================================== Guddu Barnwal @ Abhay Kumar Barnwal S/o- Sri Duryodhan Barnwal Village- Bhojpur, Police Station- Devipur, District-Deoghar, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-08-2025 Heard the parties.
2. The petitioner seeks bail in connection with Katoriya P.S. Case No. 61 of 2012 registered for the offence under Sections 392, 307, 412 of I.P.C. and Section 27 of Arms Act.
3. The petitioner is not named in the F.I.R. and is in custody since 06.10.2024.
4. As per FIR, unknown persons committed robbery where motorcycle of informant was looted alongwith mobile phone and cash of Rs. 10,000/-.
5. Learned counsel appearing on behalf of the petitioner submitted that after the alleged occurrence co-
Patna High Court CR. MISC. No.12493 of 2025(5) dt.06-08-2025 2/3 accused Jitendra Singh @ Jitu Singh and Arshad Ansari, were apprehended in Mohanpur, District Deoghar, Jharkhand, and as looted motorcycle involved in accident for which same Mohanpur P.S. Case No. 96 of 2012 was lodged in Deoghar district. It is submitted that in aforesaid case two apprehended co-accused Jitendra Singh @ Jitu Singh and Arshad Ansari while recording their confessional statement named this petitioner as to involve in present occurrence of robbery which after committing offence fled away. It is pointed out that in furtherance of aforesaid confessional statement of apprehended co-accused persons, no incriminating material appears recovered/ surfaced as to connect petitioner prima-facie with present robbery.
While concluding the argument, it is submitted that petitioner can be said man of clean antecedent as out of 7 criminal cases in 6 cases he was acquitted by learned trial court and in one case he was discharged and moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Patna High Court CR. MISC. No.12493 of 2025(5) dt.06-08-2025 3/3
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of apprehended co-accused as discussed aforesaid, nothing incriminating prima-facie appears against petitioner as to connect with present robbery, coupled with fact that charge-sheet has already been submitted where petitioner remains in custody since 06.10.2024, accordingly petitioner above named, is directed to be released on bail in connection with Katoriya P.S. Case No. 61 of 2012 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T