Gautam Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4464 of 2018 Arising Out of PS. Case No.-267 Year-2017 Thana- KOTWALI District- Patna ====================================================== Gautam Kumar Singh S/o Umesh Singh, R/o Village- Fatehpur, P.S.- Raghopur, District- Vaishali at Hajipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Patna High Court through the learned Registrar General, Patna High Court Patna.

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

For the Petitioner/s :

Mr. Udai Shankar Singh For the Opposite Party/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is the second round of litigation. Earlier prayer of the petitioner for grant of bail was rejected by this Court vide order dated 21.11.2017 in Cr. Misc. No. 44260 of 2017. Petitioner is languishing in judicial custody since 03.06.2017 in connection with Kotwali P.S. Case No. 267 of 2017 for offences punishable under Sections 417, 418, 419, 420, 465, 466, 467, 468, 469, 470, 208, 120-B of the Indian Penal Code.

The prosecution case, as lodged by the Incharge, Legal Cell, Patna High Court, is that two persons i.e. Kamlesh

Patna High Court Cr.Misc. No.4464 of 2018(2) dt.24-01-2018 2/3 Kumar Sah and Sparsh Kumar Sah came with joining letters for Group-D post, which on verification was found to be fake. They later revealed that accused Mitthu Paswan had taken Rs. 6 lakhs each for begetting employment.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and his name surfaced on the confessional statement of co-accused. He submits that charges have been framed and petitioner is ready to cooperate in trial on day-to-day basis. He further submits that co-accused named in the F.I.R., who is alleged to be the kingpin, has already been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 3238 of 2018 on 17.01.2018 .

However, learned APP for the State opposes the prayer for bail.

Considering the period of custody and the nature of allegations, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 267 of 2017, subject to the condition that the petitioner will fully cooperate with the investigation and trial of

Patna High Court Cr.Misc. No.4464 of 2018(2) dt.24-01-2018 3/3 the case, failing which the bail bond of the petitioner shall stand cancelled by the learned court below.

(Nilu Agrawal, J) Rajesh/- U T