Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 11186 of 2018 Arising Out of PS.Case No. -362 Year- 2017 Thana -PATLIPUTRA District- PATNA ====================================================== Gautam Kumar, S/o Jay Lal Thathera @ Jay Sao, Resident of VillageNoorsarai, P.S.- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Raj Kumar Singh, Advocate For the S t a t e : Mr Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 457, 380 of Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated merely on the basis of confessional statement of co-accused and that the same has led to recovery of articles which are of daily use and are in bona fide possession of the petitioner. Prior to this case, he is accused in Beur Police Station (for brevity, PS) Case No 230 of 2016 in which he is already on bail. He is in custody in this case since 06.11.2017.

Considering the aforesaid submission, prayer for bail

Patna High Court Cr.Misc. No.11186 of 2018 (3) dt.05-04-2018 2/2 is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Judge XII -cum- Additional Chief Judicial Magistrate, Patna in Patliputra PS Case No 362 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T