Patna High CourtCR. MISC./25849/2024bail granted

Gaurav Kumar v. The State Of Bihar

2024-04-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25849 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- KOTWALI District- Munger ====================================================== Gaurav Kumar S/o Late Gopal Shukla Resident of Mohall Babhangama PS Muffasil Distt Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Singh, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kotwari (Purabsarai) P.S. Case No. 351 of 2023 dated 06.08.2023 registered for the offences punishable u/s 302/34, 120(B) of the Indian Penal Code and u/s 27 of the Arms Act, later on 25(1-b)a, 26(i) and 35 of the Arms Act was added.

3. As per the FIR, it is alleged that some unknown miscreants have killed the husband of the informant under conspiracy while he was going on his duty.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.25849 of 2024(3) dt.29-04-2024 2/2 this case merely on suspicion. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the confessional statement of co-accused, Abhishek Kumar. There is no material against the petitioner to connect him with the alleged occurrence. The petitioner has one other criminal case against him in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 12.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Kotwali (Purabsarai) P.S. Case No. 351 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T