Gourav Kumar @ Gouri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9681 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Gourav Kumar @ Gouri son of Pramod Singh @ Pramod Mandal At + P.O. Pakra, Police Station - Naugachia, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Aditya Nath Pandey, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for grant of bail in connection with Lodipur P.S. Case No.8 of 2017 registered under Section 364A/34 of the Indian Penal Code.

The FIR has been registered against two named persons including some unknown persons.

It appears that co-accused Khagesh Kumar @ Khagesh Kumar Singh has been granted bail by the same Presiding Officer of the Court of learned 2nd Additional Sessions Judge-cum-Special Judge, Bhagalpur in B.P. No.1188 of 2017 on 19.09.2017, co-accused Toni Sharma @ Ajit Kumar, who is not named in the FIR has been granted bail in B.P.No.1122 of 2017 on

Patna High Court Cr.Misc. No.9681 of 2018 (3) dt.30-03-2018 P2/ 06.09.2017 and co-accused Dewanand Singh @ Davo has been granted bail in B.P. No.1116 of 2017 on 08.09.2017. The case of the petitioner Gourav Kumar @ Gouri has been distinguished only on the ground that petitioner has confessed before the police while in police custody regarding his involvement and involvement of other co-accused and he was arrested on the information of co-villager on the basis of the location of his mobile.

Considering the fact that there is no substantial material against the petitioner especially the fact that confession before the police is not admissible in evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Lodipur P.S. Case No.8 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T