Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12324 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- BALIYA District- Begusarai ====================================================== MD. GULAB Son of Md. Lalbabu R/V- Naya Tola, Rajapur, Post Agapur, P.S- Mansoorchak, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with others is said to have overtake the informant's pick-up van Bearing No. WB37E-2097 and looted it, which was loaded by Cauliflowers.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. No any looted article or looted pickup van was recovered from possession or house of the petitioner. During course of investigation, one Krishna Kumar was arrested

Patna High Court CR. MISC. No.12324 of 2023(3) dt.20-07-2023 2/2 from a pickup van bearing Re. no. BR09GB-7119 about whom, the informant stated that he committed the said occurrence and who also disclosed the name of the petitioner as culprit. Similarly situated co-accused namely, Ravi Kumar has already been granted bail by this Court vide order dt. 24.6.2023 passed in Cr. Misc. No. 31101 of 2023. Moreover, the petitioner has been remanded in this case from Balia P.S. case No. 221 of 2022 and languishing in judicial custody since 08.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Baliya P.S. Case No. 219 of 2022. (Sunil Kumar Panwar, J) Amandeep/- U T