Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19433 of 2024 Arising Out of PS. Case No.-854 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Guddu Yadav S/O Late Dhaneshar Yadav @ Late Dhaneshwar Yadav Resident Of Village- Raghunathpur, P.S.- Mohanpur, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Singh, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Barachatti P.S. Case No. 854 of 2022 registered for the offence under Section 395 of the Indian Penal Code.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 24.12.2023.
4. The allegation against the petitioner is to commit dacoity alongwith other co-accused persons and while committing so taken away loaded truck with coal, which was in possession of informant.
Patna High Court CR. MISC. No.19433 of 2024(3) dt.05-07-2024 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of co-accused Saurabh Kumar @ Guddu Kumar, in furtherance of which, no incriminating material recovered/surfaced, which may connect petitioner, prima facie, with the present occurrence of dacoity. It is further submitted that co-accused Saurabh @ Guddu has already granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 3246 of 2023 vide order dated 21.04.2024. It is also submitted that petitioner was not put on T.I.P., as yet. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the facts and circumstances as
Patna High Court CR. MISC. No.19433 of 2024(3) dt.05-07-2024 3/3 mentioned above as save and except confessional statement nothing incriminating recovered/surfaced to connect petitioner, prima facie, with the present occurrence of dacoity coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 24.12.2023, let above named petitioner is directed to be released on bail in connection with Barachatti P.S. Case No. 854 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheghati (Gaya)/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T